Other conditions decisions — 2019

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's herpes zoster, or shingles.

The Board has decided to remand the Veteran's claim for service connection of a left elbow condition due to insufficient information to determine if it is related to his military service. The Veteran will need to undergo further examination and provide additional medical records.

The appeal for attorney fees based on the grant of TDIU with an effective date of September 13, 2013 is denied as no new decision was made that would warrant awarding attorney fees.

The Board is unable to determine the Veteran's service dates and locations, which are necessary for determining eligibility for non-service connected death pension benefits. The case is being remanded to attempt to obtain this information.

The Board has decided to remand the case due to inadequate medical opinions regarding whether the Veteran's service-connected traumatic brain injury caused or aggravated his detached retina in the right eye.

The Veteran's claims for additional compensation benefits for his dependent stepchildren L.L. and A.L. are being remanded due to the failure to issue a Statement of the Case (SOC).

The Veteran's claim for service connection for a hysterectomy due to sexual assault is being remanded as the VA examiner did not provide an opinion regarding whether her hysterectomy was related to her military service, specifically her in-service sexual assault and gynecological issues.

The Board has remanded the case for a new VA medical opinion to determine if the Veteran's brain tumor is related to his exposure to Agent Orange during service.

The Veteran's service-connected left hip disability is being remanded for a more contemporaneous examination to assess the current nature and severity of his condition, as well as for additional VA treatment records. The TDIU issue is also being deferred due to its inextricability with the rating claim.

The Veteran's right hip replacement performed by VA in March 2013 has caused chronic pain and weakness of his abductor mechanism, which was not the result of willful misconduct. The proximate cause of these additional disabilities is an unforeseen event.

The Board has remanded the Veteran's claims for service connection for shell fragment wound, right side of head and residuals of head trauma due to lack of medical evidence on the etiology of his symptoms.

The Veteran's claim for increased ratings for her service-connected panic disorder with agoraphobia is being remanded due to the need for a new examination.

The Board denied the Veteran's motion to revise or reverse the March 1999 RO decision on service connection for bladder disorder and denied an effective date prior to January 20, 2006. The Board found no clear and unmistakable error in either decision.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for foot conditions and PTSD with MDD. The Veteran is not entitled to compensation for a dental disorder due to periodontal disease.

The Board denied the Veteran's claim for service connection for dental disability, finding no new and material evidence to reopen the previously denied claim.

The Board denied the claim for recognition as the surviving spouse of the Veteran due to a lack of continuous cohabitation, despite the appellant's claims and statements.

The Board denied reinstatement of DIC benefits as the surviving spouse because the appellant remarried after the Veteran's death, and no exceptions to this rule apply.

The Board has decided that the Veteran's endometriosis may be related to service, but needs further evidence to confirm this. The case is being sent back for a new VA examination.

The Veteran's daughter, J.T., was found to be permanently incapable of self-support prior to the age of 18 due to her disabilities. The Board granted recognition as a helpless child.

The Veteran's current diagnosis of a deviated nasal septum is related to his in-service diagnosis and period of active duty for training (ACDUTRA). The Board has determined that VA's duty to assist has been triggered, and the Veteran should be afforded a VA examination to assess the nature and etiology of his condition.