Other conditions decisions — 2021

The Veteran's appeal for payment or reimbursement of transportation expenses incurred on February 24, 2020 has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal as he died while it was pending.

The Veteran's death made the apportionment appeal moot, as no benefits are currently being paid to him. The case is dismissed due to lack of jurisdiction.

The Board has found that the appellant qualifies as the Veteran's surviving spouse and remands the case for issuance of a Statement of the Case regarding DIC benefits.

The Board has decided to remand the case due to an inadequate medical opinion in a previous decision. The Veteran's sinus condition is now being reviewed again.

The Board has remanded the Veteran's claims for further development and clarification regarding service connection for actinic keratosis as secondary to prostate cancer, and for a right hip disability, including DJD and right flank pain, as secondary to prostate cancer.

The Veteran's service-connected left testicle was removed, and during the appeal period, his right testicle was found to be nonfunctioning. The Board granted a 30 percent disability rating for post-operative epididymectomy of the left testicle with chronic epididymitis, status post orchiectomy, given the Veteran's nonfunctioning right testicle.

The Veteran's dysthymic disorder was rated at 70% effective February 27, 2006. The Board found that the error in mailing the statement of the case to the wrong representative did not affect the timing of the appeal process.

The Board has remanded the case due to inadequate consideration of lay statements regarding continuity of symptoms. A new VA examination is needed to address these statements and their relevance to the etiology of the left elbow disability.

The Veteran is seeking an earlier effective date for the assignment of a disability rating higher than 30 percent for discoid lupus erythematous based on clear and unmistakable error (CUE) in the July 2016 rating decision.,The Veteran also seeks an earlier effective date for the assignment of a disability rating in excess of 30 percent for discoid lupus erythematosus.

The Board has reopened the Appellant's claim for VA benefits due to new and material evidence, but has remanded the case for further development regarding his discharge from service.

The Board has granted the Veteran's claim for service connection for a right hip disability, including right hip arthritis status post total arthroplasty. The decision is based on direct service connection as there is no evidence of a nexus between the current condition and military service.

The Board has remanded the claims for service connection for cellulitis and entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) prior to July 3, 2014 due to inadequate medical opinions. The Veteran's cellulitis is being reviewed again as part of this process.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's eye condition is related to service or aggravated by a service-connected disability. The Veteran will need additional VA examinations and an addendum opinion.

The Board has remanded the case due to insufficient information regarding the Appellant's husband's military service and her status as a surviving spouse. The VA needs to provide additional development by contacting the New Jersey Department of Health.

The Board has remanded the case due to a conflict with the U.S. Court of Appeals for Veterans Claims, requiring further examination and analysis regarding whether current left knee disability is related to service.

The Veteran's right and left knee disabilities are rated as 10 percent each, with no higher ratings due to the lack of evidence supporting more severe instability or other conditions.

The Board has remanded the case due to incomplete VA treatment records and a lack of Goldmann visual field charts. The Veteran's right eye corneal injury with posterior vitreous detachment remains at a 0 percent rating.

The Board has denied the Veteran's claim for service connection for a chronic muscle fatigue disability, finding that there is no current diagnosis of chronic fatigue syndrome and that any symptoms are already considered in his existing service-connected disabilities.

The Veteran's claims for increased ratings and service connection were denied. Her stress fractures of the tibia are rated at 10 percent, but her knee disabilities remain unestablished.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that she did not meet the legal criteria to be considered a proper claimant.