Other conditions decisions — 2021

The Board has remanded the case due to a duty to assist error, and an addendum medical opinion is needed regarding the etiology of any diagnosed heart condition, including CAD and tachycardia.

The Veteran's right pinky finger disability has been denied an initial compensable rating.,The Veteran's left lower extremity disturbance of skin sensation shin area is also denied an initial compensable rating.,A rating of 20 percent, but no higher, for left lower extremity shin splints (previously rated as left lower extremity stress fracture) has been granted.

The Veteran's attorney is requesting a review of the initial disability ratings for his service-connected right ankle condition, specifically prior to August 22, 2018 and in excess of 10 percent thereafter. The RO has not addressed these issues yet.

The Veteran's service-connected peritoneal malignant mesothelioma did not cause loss of use of a creative organ, and there was no evidence of need for aid and attendance or housebound status.,Special monthly compensation based on need for aid and attendance or housebound status is denied as the Veteran had a 100% disability rating but did not have additional service-connected disabilities independently ratable at 60%, nor were they permanently confined to their house.

The Board has decided that the decision on appeal is not of record, and thus the claim must be remanded to correct the error in satisfying a regulatory or statutory duty.

The Veteran's claim for additional dependency compensation for his spouse was denied because he did not provide sufficient information regarding his marital history. The Board now finds that VA made a pre-decisional duty to assist error in failing to ensure that the claims file included all loan and education-related records that might include information regarding his marital history.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected psychiatric disorder and for completion of a VA Form 21-8940.

The Veteran's appeal concerning payment of non-VA medical services provided by UF Health Shands Hospital was dismissed because the VA Form 10182 did not identify a specific decision or issue with which he disagreed, and the appeal was untimely.

The Veteran died from a non-service-connected condition and did not meet the criteria for burial benefits due to lack of evidence supporting entitlement, insufficient resources available in his estate, and failure to provide a receipt for burial expenses.

The Board has determined that the VA examinations are inadequate and remand is necessary to adjudicate both claims for an increased rating for deviated septum, traumatic and service connection for skin disability.

The Board has remanded the Veteran's claims for increased ratings for left hip disabilities due to outstanding medical records not being located and associated with the case file.

The Veteran's appeal for service connection for a deviated nasal septum, which was secondary to his service-connected allergic rhinitis, has been dismissed due to the death of the Veteran.

The Veteran's death claim for special monthly compensation based on the need for aid and attendance of another person, as an accrued benefit is remanded due to issues with substitution eligibility and additional development needed.

The Veteran's appeal for an increased rating of 20 percent or more for his service-connected degenerative joint and disc disease lumbsacral spine with intervertebral disc syndrome (IVDS) has been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Veteran's appeal for a higher rating for Crohn's disease with abdominal scar, status post-hemicolectomy and laparoscopic lysis was dismissed due to the death of the Veteran.

The Board has determined that the Veteran's skin disorder, which is a qualifying chronic disability for Persian Gulf veterans, meets the criteria for service connection due to its onset during his service in the Southwest Asia theater of operations.

The Board has remanded the case due to a lack of information on SSDI amounts received by the appellant from January 2009 to the present. The VA needs to obtain this information and then reassess the claim for improved death pension benefits.

The Board has decided to remand the case due to issues regarding the creation and validity of the overpayment, including whether VA was solely responsible for the payment.

The Veteran's chronic diarrhea with more or less constant abdominal distress is rated at a 30 percent disability rating since August 7, 2018.,Since February 4, 2010, the Veteran has been granted a separate 60 percent disability rating for impairment of sphincter control.

The Board has remanded the case due to inadequate medical opinions regarding the cause of death and the relationship between the Veteran's metastatic squamous cell carcinoma and his service exposure. The VA is instructed to obtain an appropriate clinician opinion on these issues.