Other conditions decisions — 2021

The Veteran's claim for service connection for a back disability was denied because the new evidence did not raise a reasonable possibility of substantiating the claim, and thus the request to reopen the previously denied claim is denied.

The Board has remanded the case due to an incomplete VA examination, requiring further evaluation and a new medical opinion.

The Board has remanded the case due to new evidence being added to the claims file since the last decision, and a new SSOC is required.

The Veteran's service-connected adjustment disorder with mixed emotions is being remanded for a new VA examination to assess the current severity of his condition.

The Board has remanded the case due to insufficient examination addressing the relationship between the Veteran's right foot condition and his service-connected musculoskeletal disabilities, specifically fibromyalgia, psoriatic arthritis of the elbows, residuals of fractured left fourth and fifth metatarsals, undiagnosed illness manifested by left upper extremity paresthesia, and undiagnosed illness manifested by right upper extremity paresthesia.

The Board has decided to remand the case due to inadequate VA medical opinions and procedural issues. The Veteran's right lower extremity peripheral nerve disability is being reviewed again for service connection, specifically as secondary to his service-connected tinea pedis with onychomycosis.

The Board has remanded the Veteran's claims for increased ratings for his right and left ilio-inguinal neuritis, with radiation of pain to groin, pelvis, hips, thighs, neck, shoulder, chest and ribs. The case will be returned to the AOJ for further development.

The Board found that the Veteran's discharge was not due to persistent misconduct, and thus his character of discharge is not a bar to VA benefits.

The Board has determined that the Veteran's non-Hodgkin's lymphoma is related to his active duty service and grants service connection for this condition.

The Board has determined that the matter is not ripe for appellate review as there are outstanding issues regarding the physical custody of S.C. and the parties' income and expenses that need to be resolved.

The Board has determined that the matter is not ripe for appellate review due to procedural issues and requests additional information from the parties.

The Board dismissed the appeal as there is no justiciable case or controversy regarding entitlement to SMC, which was granted in a previous decision.

The Veteran's case is being remanded to obtain additional private treatment records related to his left eye iritis. The current rating for the condition has been increased, but further review is needed.

The Veteran's cause of death was peritoneal mesothelioma. The VA medical opinion determined that the Veteran's post-service career as a telephone line splicer contributed more to his development of mesothelioma than his military service, and therefore, the claim for service connection is denied.

The Veteran's claim for a higher rating for compression fracture, T-10, T-11 with degenerative changes was denied. The Board found that the Veteran's range of motion did not meet the criteria for a higher rating based on limitation of motion. The claim for TDIU prior to October 19, 2020 was also denied.

The Veteran's right hip chronic capsulitis and sacroiliitis (loss of flexion) has been granted a 10% initial disability rating.,The Veteran's left hip chronic capsulitis and sacroiliitis (loss of flexion) has been granted a 10% initial disability rating.

The Board denied the Veteran's claims for an increased evaluation and a prior effective date for SMC based on loss of use of a creative organ due to his failure to attend necessary VA examinations.

The Board has determined that there was not substantial compliance with a previous remand and thus the case must be returned for further development, including obtaining an opinion from a VA clinician regarding the nature and etiology of the Veteran's acinic cell parotid gland carcinoma and whether it is proximately due to or the result of exposure to chemicals during service.

The Veteran's sacroiliitis resulted in significant pain and mobility issues, including spasms and abnormal gait. The Board found that a rating of 40 percent was warranted for the entire period on appeal.

The Board has decided that the appellant's claim for DIC benefits as a stepchild of the Veteran should be remanded to allow her to provide evidence establishing her legitimacy as a stepchild, and then to readjudicate the application to reopen the claim.