Other conditions decisions — 2018

The Board has decided to remand the case due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has remanded the Veteran's claims for an increased disability rating for his partial left anterior cruciate ligament tear, status-post arthroscopic surgery. The appeal includes both instability and painful motion aspects of the knee condition.

The Veteran is seeking an earlier effective date for a separate compensable evaluation of his left groin tear, and also alleges that there was clear and unmistakable error (CUE) in the September 2003 rating decision. The Board finds these issues are intertwined and remands both claims.

The Board denied service connection for a thoracic spine disability, including a compression fracture of the T6 thoracic spine, finding that there was no current evidence of residuals and that the preexisting condition did not worsen during service.

The Board has remanded the case due to the lack of VA medical records that could determine if the Veteran's transportation to and from a VA appointment was at VA expense.

The Board has decided to remand the case due to failure to report for a VA examination and unclear notification of the examination.

The Veteran's surviving spouse is seeking enhanced DIC benefits under 38 U.S.C. § 1311(a)(2) due to the Veteran receiving a 100% rating for service-connected Lyme disease prior to his death. The appeal is remanded as it is inextricably intertwined with a claim of CUE in an April 2008 rating decision.

The Board has reopened the Appellant's claim of entitlement to DIC based on service connection for the cause of the Veteran’s death due to new and material evidence. However, the claim is remanded as additional development is needed to determine if exposure to herbicide agents in Vietnam contributed to the Veteran's death.

The Board has directed the AOJ to readjudicate the Veteran's clothing allowance claim, but it appears that only separate claims were addressed in the SSOCs. The case is being remanded again for an SSOC addressing this appeal.

The Veteran's June 2014 surgery for the left thumb disability did not require inpatient treatment or convalescence, and thus a temporary total rating was denied.

The Veteran's surviving spouse is already receiving the maximum non-service connected death pension benefits with aid and attendance, reduced by her income. The claim for increased benefits was denied as she does not meet the criteria due to her income exceeding the maximum rate.

The Board has determined that the Veteran's spouse needs to be notified of a January 2017 rating decision and determine her eligibility to substitute in the pending claim. The appeal is REMANDED for these actions.

The Veteran withdrew his appeal for compensation under 38 U.S.C. § 1151 for nose and left and right arm injuries, so the case is dismissed.

The Veteran's right elbow epicondylitis is rated at a 10 percent disability rating, effective from the date of the decision. The other service-connected disabilities have not been granted increased ratings.

The Board has decided to remand the Veteran's claims for service connection for a neck condition and bilateral hip disorder due to insufficient evidence in the record, particularly regarding any chiropractic treatment during active duty.

The Board has denied service connection for urethritis and remanded the issues of service connection for tarsal tunnel syndrome of the right lower extremity, left lower extremity, and a rib disorder.

The Board has remanded the case due to inadequate examination and further development is needed, including a new VA examination.

The Veteran's travel to and from a school for vocational rehabilitation is considered within the normal daily commute distance, thus not warranting reimbursement of travel expenses.

The Board has remanded the case due to insufficient opinion regarding direct service connection for left foot condition and a need for additional opinions on secondary service connection.

The appeal was dismissed due to the death of the appellant.