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2,856 vetted Board decisions in 2024.
The Veteran's claim for an earlier effective date of December 8, 2017, for the grant of a 60 percent rating for his left knee injury s/p total knee replacement is granted.,The Veteran's claim for an earlier effective date of December 8, 2017, for the grant of a total disability rating due to individual unemployability (TDIU) is also granted.
The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of his hands or feet, permanent impairment of vision in both eyes to the specified degree necessary for the award of adaptive equipment, scar formation resulting from severe burn injury, or ankylosis of his knees or hips. Therefore, he is denied eligibility for financial assistance for automobile or other conveyance and adaptive equipment.
The Veteran's bilateral plantar fasciitis is granted as service connected, with the condition believed to have originated during his military service.
The Veteran's bilateral pes planus was restored to a 30% evaluation, effective October 21, 2020. The Veteran's depressive disorder remains at a 70% evaluation prior to February 3, 2022, but is denied in excess of that level.
The Veteran challenges the validity of an overpayment of VA compensation benefits in the amount of $1,786.28 and requests an explanation on how this debt was generated.
The Veteran's arthritis, hypertension (claimed as high blood pressure), left hernia, verruca plantaris, and COPD were all denied service connection. The denial for arthritis was based on the lack of evidence showing a continuity of symptoms since service. The denial for hypertension was based on the absence of evidence demonstrating it manifested within one year of separation from service or with a continuous symptomatology. The denial for left hernia was due to the absence of in-service event, injury, or disease. The denial for verruca plantaris was because there is no evidence showing its onset during service. The denial for COPD was based on the lack of PFT values meeting the criteria for a 10 percent rating.,The Veteran's right hernia claim is remanded as the VA examiner did not provide an opinion addressing whether it clearly and unmistakably existed prior to service or if it was aggravated by service.
The Board has denied the Veteran's claim for a disability rating in excess of 30 percent for his bilateral pes planus, finding that the evidence does not support a higher rating based on the severity of his condition.
The Board denied an earlier effective date for the grant of SMC aid and attendance based on need for regular aid and attendance from October 19, 2021. The Veteran's VA treatment records showed he was not permanently bedridden or so helpless as to need regular aid and attendance prior to October 19, 2021.
The Veteran withdrew his appeals for service connection of multiple disabilities, including right shoulder, left shoulder, cervical spine, left ankle, right ankle, and left foot disabilities. The appeal is dismissed.
The Board dismissed the appellant's appeals for various disability ratings and service connection claims due to his withdrawal of the appeals prior to a decision being made.
The Veteran withdrew his appeal for service connection of pes planus, and the Board dismissed the case.
The Board has granted service connection for GERD, Hernia, Obstructive Sleep Apnea, Cervical Spine Disability, Left Upper Extremity Radiculopathy (secondary to cervical spine disability), Right Upper Extremity Radiculopathy (secondary to cervical spine disability), Thoracolumbar Spine Disability, Left Lower Extremity Radiculopathy (secondary to thoracolumbar spine disability), Right Lower Extremity Radiculopathy (secondary to thoracolumbar spine disability), and Left Knee Disability (secondary to bilateral foot disabilities, pes planus) and Right Knee Disability (secondary to bilateral foot disabilities, pes planus).
The Board has decided to remand the cases for additional development due to pre-decisional duty-to-assist errors. The Veteran's pes planus and overactive bladder claims are being remanded for further evaluation.
The Veteran is unable to secure and maintain a substantially gainful occupation due to his service-connected disabilities, which include bilateral pes planus, right knee strain, left achilles tendon rupture, painful scar associated with left achilles tendon rupture repair, and left foot surgical scar. The Board has granted the TDIU based on these conditions.
The Board has determined that new and relevant evidence has been received to warrant readjudication of the claim for service connection for bilateral flat feet. The Veteran's STRs show pes planus, and she submitted two buddy statements supporting her claim. However, a VA examination is needed to determine if there is a relationship between her current bilateral flat feet condition and service.
The Veteran's service connection claims for hypertension, bilateral pes planus, right knee disability, deviated septum, obstructive sleep apnea (OSA), and allergic rhinitis are all granted due to exposure to environmental hazards in Southwest Asia during the Gulf War.
The Veteran's bilateral foot disorders, including pes planus and metatarsalgia, are being remanded for further examination to determine if they are caused or aggravated by her service-connected left knee disorder.
The Veteran's bilateral flat feet, left ankle condition, left knee condition, right knee condition, right ankle condition, and right leg condition are all granted as service connection is established based on the evidence of record.,The Veteran's left shoulder rotator cuff tendonitis (claimed as left shoulder condition) and right shoulder strain (claimed as right shoulder condition) are also granted as service connection is established based on the evidence of record.
The Veteran's bilateral pes planus was increased to a 30 percent rating effective February 14, 2020. The appeal is remanded for further consideration of the secondary service connection claim.
The Board has decided to remand the case due to a pre-decisional duty to assist error, requiring the Veteran to be provided with a VA examination to determine if her foot pain and plantar fasciitis are related to service.
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