Other conditions decisions — 2021

The Veteran's appeal for a higher disability rating for right leg shin splints was denied by the Board. The issue of entitlement to a total disability based on individual unemployability (TDIU) has been withdrawn.

The Veteran's arthritis of the bilateral arms, hips and legs is denied as there is no evidence showing it was incurred or aggravated by military service.

The Board denied service connection for neck injury residuals as the evidence did not show a nexus between the condition and service.

The Board previously denied the claim for payment or reimbursement of medical services provided at Baptist Hospital in Pensacola, Florida on January 5, 2015. The Court of Appeals for Veterans Claims (CAVC) has vacated this decision due to a failure to ensure that VA satisfied its duty to assist by not obtaining relevant VA treatment records. The case is being remanded to obtain these records and allow the Veteran to provide any private medical documentation.

The Veteran's muscle injury and neuralgia of the thorax have not been found to meet or approximate criteria for a disability rating in excess of 10 percent. The Board also denied referral for TDIU due to lack of evidence showing that his service-connected disabilities preclude him from obtaining and maintaining gainful employment.

The Board has determined that the Veteran's skin disorder, diagnosed as dermatitis, was caused or aggravated by active service and granted his claim for service connection.

The Board has remanded the claim for payment or reimbursement of medical services received at Portneuf Medical Practice from November 3, 2013 to December 17, 2013 due to missing decision letters and unassociated records. The Veteran is asked to provide authorization for VA to obtain his private treatment records.

The Board previously remanded the case for further development, including referring the Veteran's TDIU claim prior to August 6, 2013 to VA’s Director of Compensation Service for extraschedular consideration. The AOJ did not comply with all directives and applied an incorrect standard.

The Board has granted an initial increased rating of 70 percent for the service-connected unspecified trauma and stressor related disorder, effective October 1, 2014.

The Board has ordered a dose assessment from the Under Secretary for Health regarding the Veteran's exposure to toxic materials in service, including ionizing radiation. The case is also remanded for an examination and opinion on whether her breast cancer is due to these exposures.

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

The Veteran's service connection claim for a bilateral eye disability has been denied as his conditions are not related to his military service.

The Veteran's meralgia paresthetica of both lower extremities has been rated as noncompensable, and the Board finds that this rating is appropriate based on the evidence of record.

The Board has remanded the case due to inconsistencies in the dates of incarceration and parole, which affect the calculation of the overpayment. The Veteran's challenges regarding the creation and amount of his overpayment need to be addressed.

The Veteran's coronary arteriosclerosis is presumed to be due to in-service herbicide exposure, and service connection for this condition is granted. The hearing loss disability case is remanded for further evaluation.

The Board has remanded the case due to incomplete development of records pertaining to the Veteran's use of educational assistance benefits under Chapter 30 and Chapter 33, Post-9/11 GI Bill. The AOJ is required to locate all relevant records and prepare an accounting of the Veteran's use of these benefits.

The appeal was dismissed due to the appellant's death.

The Veteran's claim for a compensable rating for ventral hernia residuals and his claim for service connection for bilateral cataracts removal are both remanded due to the need for additional development.

The Board denied the Veteran's claim for service connection for parotid gland cancer, finding that there was no evidence to support a link between his active duty service and the condition. The Board also found insufficient evidence to establish a direct service connection due to lack of credible medical opinion.

The Board has remanded the case due to inadequate examination and development, and will consider both old and new rating criteria for urticaria.