Other conditions decisions — 2021

The Board denied an extraschedular rating for the Veteran's service-connected hypopituitarism prior to December 22, 2018. From December 22, 2018, the issue of entitlement to a higher initial rating for hypopituitarism on an extraschedular basis was dismissed as moot due to the award of TDIU.

The Veteran's left and right hip disabilities have been rated based on their severity, but the current ratings do not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has remanded the cases for further development and consideration. The Veteran's claim for compensation under 38 U.S.C. § 1151 for vocal cord damage is denied due to lack of evidence showing negligence or fault on VA’s part. For service connection, a new medical opinion is needed to determine if the Veteran's acquired psychiatric disability is at least as likely as not related to his military service.

The Veteran's appeal for an increased rating for left hand arthritis, including residuals of a shell fragment wound, has been dismissed due to the death of the appellant.

The Board has remanded the case due to inadequate medical opinion and further development is needed before a decision can be made on the service connection claim for an inguinal hernia.

The Veteran's claim for service connection of a left leg condition has been reopened. The case is remanded for further examination and opinion regarding the bilateral foot condition. Service connection will be reviewed on the merits.

The Board has decided that the Veteran's horseshoe tears of the bilateral retinas need further investigation and opinion to determine if they are related to herbicide agent exposure or service-connected diabetes mellitus.

The Veteran's claims for initial compensable disability rating and a higher rating for pseudotumor cerebri with optic disc edema, papilledema are being remanded due to the need for additional VA and private treatment records.

The Veteran's left upper extremity radiculopathy is rated at 70 percent, which corresponds to severe incomplete paralysis.

The Board has denied the Veteran's claims for service connection for a gastrointestinal disorder, including lactose intolerance, as there is no evidence that it was incurred in or related to his military service. The Board found conflicting medical opinions and concluded that the Veteran's current condition is more likely due to lactose intolerance rather than PTSD.

The Veteran's appeal for benefits under 38 U.S.C. § 1151 is remanded due to the need for additional medical opinions addressing whether his decubitus ulcers and resulting complications were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA’s part.

The Board denied service connection for the Veteran's left hip disability, finding that there is no evidence of chronic left hip problems during or immediately after service and concluding that any current left hip strain and DJD are less likely than not caused by events in service.

The Board has decided to remand the case due to lack of substantial compliance with previous remand directives and further development is necessary.

The Board found that the overpayments of $6,031.35 for tuition and fees, and $1,748.73 for housing allowance were not validly created due to errors in calculation and termination of VA educational assistance benefits.

The Veteran's claim for Post-9/11 GI Bill educational benefits was reopened due to the submission of new evidence showing an honorable period of service. As a result, he is now eligible for these benefits.

The Board has remanded the case due to inadequate compliance with previous remands and a need for further medical opinions regarding service connection for squamous cell cancer (SCC) of various body parts, including as secondary to non-Hodgkin's lymphoma.

The Veteran's claims for increased ratings for right hand strain with tendonitis and painful thumb motion, as well as right hand strain with tendonitis and painful motion of the long finger, have been denied. The maximum schedular rating has already been assigned.

The Board has remanded the Veteran's claims for service connection for degenerative joint disease of the right hip and left hip due to insufficient evidence on whether these conditions are related to his military service.

The Veteran's appeal regarding his left thumb disability was dismissed because he died during the pendency of the appeal.

The Board has remanded the case due to insufficient explanation of the cause of death on the Veteran's death certificate, inadequacy of the VA medical opinion regarding informed consent and complications from catheter replacement, and other procedural issues. Further development is needed including obtaining additional VA records and a new medical opinion.