Other conditions decisions — 2021

The Board has remanded the Veteran's claims of entitlement to service connection for a deviated nasal septum and sinus disorder due to internal inconsistencies in the VA examiner's report. The Veteran is seeking service connection based on pre-existing injuries aggravated by military service.

The Board denied service connection for colon cancer, finding that the Veteran's current diagnosis was not related to his active military service and did not meet the criteria for presumptive service connection due to herbicide exposure.

The Board denied the Veteran's claim for service connection for bilateral inguinal hernia, finding that there was no evidence of a nexus between his current condition and his military service or any service-connected disability.

The Veteran's appeal was dismissed due to their death, and the case is no longer under jurisdiction.

The Board denied the appellant's request to be recognized as the substitute claimant for the Veteran's pending claims on appeal, finding that he is not eligible to receive accrued benefits due to his relationship with the Veteran and because Z.S., who paid for the Veteran's last sickness and burial, was the proper substitute claimant.

The Veteran's death was caused by pulmonary thromboembolism, but the appellant argues that her service-connected hidradenitis suppurativa and prescribed medication contributed to it. The Board has ordered additional development including obtaining VA treatment records and a medical opinion.

The Board has determined that the current opinion is inadequate to make a fully informed decision on the issue of service connection for an eye disability. The matter is being remanded to obtain a new examination and opinion.

The Board denied the Veteran's claim for service connection for a respiratory disorder, finding that there was no current disability and no nexus to service, including asbestos exposure.

The Board has decided to remand the Veteran's claims for service connection due to lack of proper medical examination and potential SSA records not obtained. The Veteran will be provided another opportunity for VA examinations.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further consideration.

The Board has denied the Veteran's claims for service connection for urinary retention, finding that there is no evidence to support a link between his current condition and his active duty or any service-connected conditions. The examiner opined that the Veteran’s urinary retention is unrelated to his active service or his service-connected conditions.

The Board has remanded the Veteran's claims for service connection for right and left hip disorders due to additional development being needed. The claims are inextricably intertwined with his claim for automobile and adaptive equipment or adaptive equipment only, so both must be considered together.

The Board denied service connection for HIV and infectious gonococcal urethritis, finding no evidence of a current disability related to service.,The Veteran's bladder condition claim was not reopened due to lack of new and material evidence.

The Veteran's left clavicle disability was rated at 30 percent effective February 11, 2020. The Board found that the evidence did not support a higher rating for any period prior to this date.

The Board has remanded the case due to issues with the record not being available and the need for further development, including obtaining medical billing documents from the Veteran and associating scanned records related to her treatment at Shands Medical Center.

The Board has determined that the Veteran's service-connected right and left upper extremity cubital tunnel syndrome does not warrant a disability rating in excess of 10 percent, per upper extremity, for the entire appeal period.

The Board has determined that the Veteran's current bilateral eye condition, including pterygium growth, is not related to service and therefore denied her claim for service connection.

The Veteran's daughter, J.M., was adopted out of the Veteran's family prior to the filing of the present claim. Therefore, she is not recognized as a helpless child for VA benefits purposes.

The Veteran's claims for increased ratings and the reduction of his rating from 40 percent to 10 percent are being remanded due to the need for a more contemporaneous examination.

The Board denied an earlier effective date for the grant of service connection for the cause of the Veteran’s death, finding that the appellant did not meet eligibility criteria for a retroactive award due to the liberalizing law being applied.