Other conditions decisions — 2021

The Veteran's right-hand disability is already service connected as right upper extremity radiculopathy. The Board denied the claim for a separate evaluation of his right hand disability, finding that he does not have any current orthopedic hand condition aside from the service-connected cervical strain and right upper extremity radiculopathy. For his right elbow arthritis, the Veteran's prior rating was denied as it did not meet the criteria for an evaluation in excess of 10 percent before July 13, 2020. The Board also denied separate evaluations for limitation of pronation and supination from August 1, 2016 to July 12, 2020, as well as a higher evaluation for limitation of pronation since July 13, 2020.

The Veteran's appeal for service connection of a stomach disorder has been dismissed due to the death of the appellant.

The Board has remanded the case due to an error in determining whether the appellant's character of discharge was under dishonorable conditions and for a VA medical opinion regarding insanity.

The Veteran did not serve in a period of war, thus the claim for nonservice-connected death pension benefits is denied.

The Board has reopened the claim of recognition as the Veteran's surviving spouse for VA death benefits due to new and material evidence. The appellant is found to be the surviving spouse, but her eligibility is denied because she did not meet the requirements under Alabama law for a common-law marriage.

The Board has granted an effective date of July 16, 2008 for a 100% rating for acute myelogenous leukemia. The condition was in remission prior to this date.

The Board has denied the Veteran's claim for service connection for dizziness, finding that there is no current disability and that headaches are already compensated in the assigned rating.

The Board has remanded the Veteran's claims for service connection for CVA, gastric hyperplasia, inflammatory soft tissue, and chronic vomiting due to herbicide agent exposure. The Veteran was not provided proper notice regarding VA examinations as previously directed in the Board’s remands.

The appeals for service connection and TDIU have been dismissed due to the appellant's death.

The Board denied service connection for sick sinus syndrome with implanted cardiac pacemaker, attributing the condition to a combination of factors including scar tissue from heart surgery and age-related issues. The Veteran's belief in herbicide exposure as the cause was not considered valid due to lack of medical expertise.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Veteran's lower leg pain (claimed as shin splints) is denied because there is no current diagnosis of a lower leg condition and the VA examiner found no functional impairment or preclusion from employment.

The Board has remanded the case for a VA opinion to determine if it is at least as likely as not that the Veteran's colon polyps developed during his active service.

The Veteran's service connection claim for unspecified tremors as due to toxic chemicals is granted. However, the claim for prostate cancer due to exposure to chemicals, to include HAZMAT, JP5, and TCE/ PCE, is denied.

The Board has remanded the case due to issues related to the evaluation of mycosis fungoides t-cell lymphoma and the propriety of reducing the rating from 100 percent to noncompensable, effective June 1, 2016. The Veteran needs to be provided with adequate notice for a VA examination and additional treatment records should be obtained.

The Veteran's claims for reinstatement of total disability rating based on individual unemployability and basic eligibility to Dependents' Educational Assistance prior to June 19, 2018 are denied. The effective dates cannot be established earlier than the date of receipt of the claim or intent to file a claim.

The Board denied the Veteran's claim for service connection of a gastrointestinal disability, finding that there was no evidence to support a direct link between his current condition and his active service.

The Veteran's right thumb disability has worsened since the last VA examination, and a new evaluation is needed to determine its current severity.

The Veteran's left-foot condition was rated at 20% prior to May 30, 2012 and at 30% from December 1, 2012. The claim for increased ratings is denied as the symptoms did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's cause of death is related to his exposure to radiation or chemicals at Johnston Atoll.