Other conditions decisions — 2021

The Board has remanded the issues of entitlement to higher ratings for hammertoes right foot disability and hammertoes left foot disability with claw foot, as well as entitlement to a TDIU prior to November 14, 2012. Additional development is needed to assess the severity of these disabilities from January 24, 2007 to the relevant dates.

The Board has granted service connection for a small scaphoid cyst of the left hand, but denied service connection for left pinky finger and hand arthritis.

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

The Board has remanded the cases of cataracts and detached retina for further development to address whether these conditions are related to service, including any potential herbicide exposure.

The Board is remanding the case due to uncertainty regarding whether the appellant has submitted an application for a correction of her military record with the Army Board for Correction of Military Records (ABCMR). The appellant needs to confirm if she has filed such an application and provide any necessary information.

The Board found that the Appellant's request for a waiver of indebtedness was timely filed, and thus remanded the issue to determine if the overpayment was validly created.

The Board has found the previous remand instructions not substantially complied with and thus requires another remand to obtain an adequate opinion regarding the Veteran's eye conditions, including their relationship to service.

The Veteran's left lower extremity injury to muscle groups XIII and XIV is currently rated at the maximum 40 percent, while his left tibia injury to muscle groups XV and XVII has been granted a 50 percent rating since April 18, 2014.

The Board has remanded the claims for an increased rating and TDIU due to service-connected dermatophytosis of the hands and feet. The case will be referred for extraschedular consideration.

The Veteran's appeal is dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board denied the Veteran's claim for service connection for a disability characterized by high fevers, fluctuating body temperature, and sweating as there is no evidence of such a condition during or after his military service.

The Veteran's claim for an initial rating in excess of 30 percent for residuals of ruptured colon with post-surgical abdominal neuralgia on an extra-schedular basis was denied.,However, the Veteran was granted a TDIU based on his service-connected disabilities.

The Veteran's non-service-connected pension benefits are granted for the period prior to January 29, 2019, as his income was below the maximum annual pension rate (MAPR).

The Board has remanded the case due to an inadequate statement of reasons and bases for its October 2019 decision, which failed to discuss material evidence of record. Specifically, it did not address a December 2003 in-service medical record noting a hernia issue.

The Veteran's left lung disability is being remanded for a VA examination to assess the current severity of his condition, as he has reported worsening symptoms and functional limitations.

The Board denied the Veteran's claim for service connection for a left shoulder disorder, finding that there was no evidence of a current disability related to his in-service injury and that any current symptoms were more likely due to a fall from a horse after separation from service.

The Board has denied the Veteran's claim for service connection for a right leg disorder, to include shin splints, finding that there is no clear and unmistakable evidence of aggravation during his period of active duty. The preponderance of the evidence indicates that the shin splints were incurred outside any confirmed period of active duty or ACDUTRA.

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

The Board has granted service connection for the Veteran's residuals of bilateral breast reduction surgery, including pain and numbness, as well as her post-surgical scars. The decision is based on the in-service occurrence of these conditions.

The Veteran's right hand arthritis, specifically the long finger, is rated at 10 percent disabling. The Board found that a higher rating was not warranted based on the evidence of record.