Other conditions decisions — 2021

The Board denied a compensable rating for the Veteran's left varicocele, finding that the evidence did not show complete atrophy or removal of both testes. The claim is based on direct service connection and no other theory.

The Veteran's claim for a rating in excess of 30 percent for chronic adjustment disorder and his TDIU claim were both denied. The Board found that the Veteran's symptoms are attributable to non-service-connected conditions, and there is no evidence of exceptional or unusual disability requiring extra-schedular consideration.

The Board has remanded the claims for left hand and right hand arthritis, as well as the TDIU claim due to service-connected disabilities. The Veteran's testimony indicates his conditions have worsened since the last examination in July 2015.

The Board has granted service connection for bilateral eye peripheral vision loss and photophobia as due to service-connected traumatic brain injury. The remaining issues of service connection are remanded.

The Board denied the Veteran's claim for service connection of his bilateral eye disability, finding that there was no evidence linking his diagnosed conditions to his military service.

The Board has granted service connection for chronic lymphocytic leukemia with an effective date of December 28, 2012. The decision is based on the presumption that exposure to contaminated water at Camp Lejeune caused or contributed to the Veteran's condition.

The Board has remanded the case due to a failure to provide the appellant with a DRO hearing as requested, and she was not provided an opportunity for a Board hearing after her request for a DRO hearing. The case is now scheduled for a DRO hearing at the San Juan RO.

The Board has granted service connection for essential tremors secondary to ischemic heart disease/coronary artery disease, finding that the Veteran's essential tremors were aggravated by his myocardial infarction in October 2006.

The Veteran's claim for an increased rating for his intervertebral disc syndrome (IVDS) is remanded due to the need for a new VA examination and consideration of any temporary convalescence ratings based on recent back surgery.

The Board denied service connection for rectal cancer as secondary to exposure to ionizing radiation and the cause of death due to colorectal cancer. The decision found that there was no in-service exposure to ionizing radiation, and thus, it could not be determined that the Veteran's rectal cancer was caused by his military service.

The Veteran's appeal is being remanded due to lack of substantial compliance with the earlier remand. The issues include initial ratings for left hip strain and related disabilities.

The Board found that the Veteran's discharge under other than honorable conditions was a result of minor offenses and his service was otherwise honest, faithful, and meritorious. Therefore, the character of the Veteran's discharge from service is not a bar to VA benefits.

The Veteran's right hip DJD and bursitis with limitation of adduction is granted, but his right hip DJD and bursitis with limitation of extension of the thigh remains denied. The Veteran's sensory deficit associated with his right hip disability is granted to a maximum of 20 percent effective November 4, 2011.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits as she is not considered a child of the Veteran under VA regulations.

The Veteran's appeal for service connection for right eye blindness has been reopened, but the claim remains denied.,The Veteran's appeal for service connection for leukemia has been dismissed as withdrawn by his attorney.

The Board denied the Veteran's claim for service connection of HTLV, finding that it is not causally or etiologically related to his service.

The Board denied the Veteran's claim for service connection for a respiratory disorder, finding that there was no evidence of asbestos exposure and concluding that his respiratory issues were more likely due to tobacco use and other factors.

The Board denied the Veteran's claim for service connection for a dental condition, finding that there was no loss of substance of the body of the maxilla or mandible related to trauma or disease such as osteomyelitis. The Veteran's tooth loss and decay were related to his active service.

The Board has decided that there is not substantial compliance with the prior remand directives and another remand is required. The matter must be remanded again because the August 2020 VA opinion is inadequate, for the same reason an earlier VA opinion was inadequate.

The Board has remanded the case due to incomplete personnel records and an inadequate VA opinion regarding whether the Appellant was insane at the time of his discharge. The case will be returned for further development.