Other conditions decisions — 2021

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's GI disability is secondary to his service-connected left hip and pelvic osteoarthritis, lumbosacral strain, and bipolar disorder. The case needs further development with additional medical evaluations.

The Board denied the veteran's request for eligibility to be buried in a VA national cemetery because he did not have active duty service and was not disabled during his period of ACDUTRA. The appellant served with the USAFR but had no qualifying active duty or wartime service.

The Veteran's appeal for a total disability rating due to service-connected disabilities prior to June 28, 2011 is dismissed because the Veteran died during the pendency of the appeal.

The Veteran's right hip disability was not shown to be related to service, and the Board found no evidence of continuity of symptomatology. The Veteran's right eye disabilities were also not shown to be related to service.,The Veteran's right hip disability was remanded for further development as there is insufficient evidence regarding its etiology.

The Board has remanded the TDIU claim due to insufficient medical records and inadequate previous examination reports. The Veteran needs a new VA examination to assess his cold injury residuals.

The Board has granted service connection for ulcerative colitis as secondary to PTSD, but the issue of a higher initial rating for PTSD is remanded.

The Veteran's service connection claim for primary thrombocythemia, arthritis thrombocytosis (leukemia) with bone marrow infection and erysipelas (blood disorder), to include as due to herbicide agent exposure, is remanded due to the need for clarification of his diagnoses and determination of their relationship to his military service.

The Veteran's service-connected status post left 4th metacarpal fracture has not resulted in ankylosis or amputation, and thus a compensable disability rating is denied.

The Board has remanded the case due to incomplete medical opinions regarding the Veteran's hip pain and its relation to his service-connected Lyme disease. The Veteran needs further examination to determine if he has a current right hip condition, whether it is caused by or aggravated by his service-connected Lyme disease.

The Board is remanding the case for an addendum VA examination to address whether any diagnosed left hip disorder was caused or aggravated by the service-connected right hip and/or lumbar spine disabilities.

The Board denied payment or reimbursement for unauthorized medical expenses incurred at Baylor University Medical Center from February 27, 2013 to March 4, 2013 due to the availability of a VA facility that was feasibly available and an attempt to use it beforehand would have been considered reasonable by a prudent layperson.

The Board denied the Veteran's claim for service connection for otalgia, finding that there was no evidence linking the condition to her military service or any undiagnosed illness. The Board also found that the Veteran did not meet the criteria for presumptive service connection under the provisions of the Persian Gulf Veterans' Act.

The Board has remanded the case due to concerns about the competency of a VA examiner who provided opinions on the relationship between the Veteran's lower jaw disability and his stomach and colon disabilities. The Veteran is requesting additional information regarding this examiner's qualifications.

The Veteran's claims for ratings in excess of 10 and 20 percent for fractured vertebral body at L4-L5 prior to May 24, 2011 were denied. The Board found that the evidence did not support a higher rating based on functional loss due to pain or stiffness.

The Board denied a rating in excess of 10 percent for the Veteran's status-post right inguinal herniorrhaphy with right testalgia with non-descending testicle, finding that his condition did not meet criteria for a higher rating.

The Board has remanded the claims for further development due to an issue of clear and unmistakable error (CUE) in a prior rating decision. The AOJ should determine if there is CUE in the January 2010 rating decision regarding the Veteran's residuals of SFW of the right thigh and hip area with retained foreign bodies and involvement of Muscle Groups XV and XVII.

The Veteran's wife was awarded a full dollar rate for DIC benefits effective August 1, 2011. The Board found that the requirements for this award were met one year prior to her application.

The Board denied the appellant's request for an extension of her delimiting period for DEA benefits, finding that she did not meet the one-year requirement from October 2007 and that her mental disability prevented her from initiating or enrolling in a chosen program of education.

The Veteran's appeal for increased ratings for herpes simplex (previously rated as seborrhea) has been dismissed because he withdrew his claim.

The Veteran withdrew his appeal of the annual clothing allowance for 2015, and the Board dismissed the appeal.