Other conditions decisions — 2021

The Veteran's lupus-like autoimmune disease is being remanded for further development, including obtaining treatment records from a private provider and determining an appropriate effective date.

The Board has remanded the case due to insufficient evidence in the February 2018 VA medical opinion, and further development is needed including obtaining private records and arranging for a new VA examination.

The Board has remanded the cases due to inadequate examination and development of records. The Veteran's shin splints are rated under 38 C.F.R. § 4.71a, Codes 5260 and 5261.

The Veteran's service-connected residuals of left foot fracture are rated at 10 percent, and the Board has determined that this rating is not appropriate as his condition does not meet the criteria for a higher evaluation.

The Veteran's request for a waiver of overpayment of VA educational assistance benefits was denied because it was not received within the 180-day deadline.

The Board denied the Veteran's claims of service connection for anemia and microcytic anemia, finding that there was no direct evidence linking these conditions to his active duty. The Board also found that secondary service connection could not be established as the Veteran's current anemias are related to a genetic condition (alpha thalassemia minor) rather than his duodenal ulcer.

The Veteran's left varicocele disability is being remanded for further development, including obtaining updated medical records and a VA examination to determine the nature and severity of his condition.

The Board denied service connection for inflammatory arthritis, finding that the Veteran's current gout/gouty arthritis did not manifest in service or within one year thereafter and is not otherwise related to a period of qualifying service.

The Board has decided to remand the case due to the Veteran's challenge regarding the creation of the overpayment and his request for a waiver. The validity of the debt must be reviewed first before considering the waiver issue.

The Board denied service connection for a blood disorder, including polycythemia vera, thrombocythemia, thrombocytosis, arthritis, and erysipelas, finding that the conditions were not related to in-service events or herbicide exposure.

The Veteran's increased ratings for left and right heel disabilities are granted, with a 20 percent rating assigned. Service connection for the right foot disorder is remanded.

The Board has decided to remand the case due to non-compliance with previous remand directives and a need for an addendum opinion regarding service connection for menorrhagia.

The Board granted service connection for actinic keratosis and squamous cell carcinoma in situ, as well as a chronic cough. The Veteran's hearing loss was found to be noncompensable.

The Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) and TDIU has been denied. The IVDS is currently rated at 40 percent, which is the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's service after September 2001 was considered active duty for training (ADT), which is not qualifying service for Post-9/11 GI Bill educational assistance benefits.

The Veteran's claim for an increased rating in excess of 10 percent for epistaxis was denied. The Board found that the current schedular rating adequately reflects the Veteran's symptoms and does not warrant an extraschedular rating.

The Veteran's initial claims for higher ratings for his service-connected right and left lower extremity Achilles tendonitis, as well as gastritis, have been denied. The Board has found that the evidence does not support a finding of moderate or marked limitation in motion for these conditions prior to November 7, 2019, and from November 7, 2019 respectively.,The Veteran's claim for TDIU benefits was also remanded due to insufficient evidence showing his service-connected disabilities preclude him from maintaining substantially gainful employment.

The Veteran's claims for increases in the 'staged' ratings for his left lower extremity radiculopathy and underlying low back disability (HNP at L4-5 with DDD and IVDS) are denied.,The Veteran is not entitled to higher ratings for his left lower extremity radiculopathy prior to April 3, 2015. However, he is granted a higher 40 percent rating since that date.

The Veteran's claim for a higher disability rating for hypersensitivity pneumonitis was denied, but the Board granted an earlier effective date for the 60 percent disability rating. The TDIU claim was also denied.

The Veteran's uterine fibroids resulted in a 10 percent rating from October 1, 2012 to February 15, 2018.,A 100 percent rating for laparoscopic hysterectomy and bilateral salpingectomy with uterine fibroids was granted from February 16, 2018 to May 16, 2018. A 30 percent rating was assigned thereafter.,SMC under 38 U.S.C. § 1114(k) based on anatomical loss of a creative organ was granted beginning from February 16, 2018.,SMC under 38 U.S.C. § 1114(s) was granted from February 16, 2018 to May 16, 2018.