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4,044 vetted Board decisions in 2024.
The Veteran's claims for service connection are being remanded due to pre-decisional duty to assist errors and the need for VA examinations and opinions regarding his acquired psychiatric disorder, diabetes mellitus, diabetic neuropathies, retinopathy, cataracts, and hypertension.
The Veteran's claims for service connection for headaches, erectile dysfunction, and hypertension have been readjudicated due to new evidence. Service connection for hypertension is granted based on the PACT Act presumption of exposure to herbicide agents. The claims for headaches and erectile dysfunction are remanded for further examination and opinion.
The Veteran seeks an earlier effective date for the evaluation of his service-connected melanoma and metastatic lung melanoma, but the Board finds no evidence to support such a claim.,The Veteran also seeks an earlier effective date for the evaluation of his service-connected metastatic lung melanoma. The earliest possible effective date allowable is April 18, 2018.
The Board denied an earlier effective date for the grant of TDIU due to lack of new and material evidence, as well as the fact that the Veteran did not appeal the initial rating assigned for PTSD.
The Veteran's claim for right ear hearing loss was denied as there is no current diagnosis of a hearing loss disability. The Veteran's residuals of an aortic dissection are rated at 60 percent, but not higher, due to preclusion of exertion.,For the entire period on appeal, the Veteran's PTSD symptoms more nearly approximate occupational and social impairment with deficiencies in most areas; however, total occupational and social impairment has not been demonstrated. The Veteran is entitled to a separate rating for her chest scar from aortic dissection surgery.
The Veteran's claim for a compensable disability rating for his service-connected cystic kidney disease is remanded. The issue of compensation for voiding dysfunction, hypertension, stricture, and hydronephrosis as secondary to his service-connected cystic kidney disease is also under the Board's jurisdiction.
The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, leading to the grant of TDIU. The issue of a higher disability rating for TBI is remanded due to a duty-to-assist error.
The Board has granted service connection for hypertension under the PACT Act, but has remanded all other issues due to a duty to assist error. The Veteran's heart disability, sleep apnea, colon cancer, and COPD are still on appeal.
The Veteran's diabetes mellitus, heart disability (coronary artery disease), and hypertension are granted as they are presumed to be due to exposure to herbicide agents during service.
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 Veteran's TDIU claim is remanded due to the failure to obtain Social Security Administration records, which may affect his eligibility for disability benefits. The case will be reconsidered with these records.
The Board has granted the Veteran's claim for service connection for chronic kidney disease as secondary to his service-connected hypertension, finding that the current CKD is proximately due to HTN.
The Board has granted service connection for hypertension, bilateral hearing loss, and tinnitus due to exposure to herbicide agents during service in the Republic of Vietnam.
The Veteran's appeal for an earlier effective date for service connection and SMC related to spinal infarct with CVA as secondary to hypertension is denied. The effective dates are set at August 30, 2021.
The Veteran has withdrawn his appeals for sleep apnea, hypertension, and an increased disability rating for TBI.
The Board denied service connection for a back disability, hypertension, and swollen glands.
The Board denied a compensable rating for hypertension, finding that the Veteran's systolic readings were predominantly below 160 and diastolic readings were predominantly below 100, without a history of diastolic pressure at or above 100. The decision also noted that the Veteran required continuous medication to control his hypertension.
The Board has dismissed the claim for a TDIU from July 19, 2023 due to the grant of a combined 100 percent rating and special monthly compensation (SMC) under 38 U.S.C. § 1114(s). The appeal for a TDIU prior to July 19, 2023 is remanded as it may be eligible for extraschedular consideration.
The Board has remanded the claims of service connection for hypertension prior to August 10, 2022 and for erectile dysfunction due to the need for additional medical opinions regarding whether these conditions are proximately due or aggravated by service-connected disabilities.
The Veteran's claim for an earlier effective date for the award of service connection for stroke with residuals of left upper extremity weakness is granted, as it first arose on January 17, 2023. The effective date is set at this date due to the filing of a VA Form 21-526EZ.
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