Other conditions decisions — 2021

The Veteran's GSW and SFW residuals have been granted increased ratings, with the exception of Muscle Group IV which remains at a 10% rating. The TDIU claim has also been granted.

The Board has dismissed the appeals for service connection for impairment of sphincter control with fecal leakage and frequent urination and leakage, both secondary to diabetes. The Veteran does not have a current diagnosis of poor right leg circulation.

The Veteran's claim for a higher rating for his recurrent lower back strain to include IVDS prior to August 13, 2018 was granted. However, the claim for a rating in excess of 40 percent after that date was denied.

The Veteran's need for regular aid and attendance due to a cerebrovascular accident (CVA) is not service-connected, thus SMC based on the need for aid and attendance is denied.

The Veteran's service-connected skin tags are rated at a separate 20 percent for painful scars, effective from October 2020. The rating in excess of 10 percent for disfigurement is denied.

The Veteran's claims for earlier effective dates for TDIU and Dependents' Educational Assistance benefits were denied as the earliest date VA received the Veteran's claim to reopen his previously denied TDIU claim was April 23, 2012. Dependents' Educational Assistance benefits cannot be awarded prior to the effective date of an award of a permanent and total disability rating.

The Board has remanded the cases due to inadequate examination and need for a new VA examination.

The Board's April 2019 decision is vacated due to a failure to consider the Veteran’s vaginal and uterine disability on a secondary basis. The case is remanded for further examination.

The Veteran's left eye disability and dysphagia are not deemed to be service-connected due to lack of causation or proximate cause, as the Board found no evidence that VA care caused these conditions.

The Board has granted service connection for lung cancer on a presumptive basis due to exposure to herbicide agents while serving in the territorial waters of Vietnam.

The Veteran's claims for increased ratings for gastric ulcer were denied as the symptoms did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has remanded the claims for right foot disability, acquired psychiatric disability, special monthly compensation based on housebound status or need for aid and attendance, squamous cell carcinoma of the mouth, and liver cancer. The claims are being remanded to obtain an addendum opinion addressing the appellant's lay testimony regarding the recurrence of callus formation in the Veteran's right foot over time.

The Board has remanded the case due to conflicting medical opinions regarding the cause of death and the nature of the Veteran's liver cancers. The appellant is requested to provide private treatment records, and a VA clinician will be asked to provide an opinion on whether the diagnosed conditions are related to service or exposure to herbicide agents.

The Veteran's appeal for a pulmonary disability was dismissed due to the death of the appellant, and no jurisdiction remains as the Board cannot adjudicate the merits of an appeal after the appellant's death.

The Veteran is seeking compensation under 38 U.S.C. § 1151 for additional disability from various abdominal surgeries and procedures. The claim was remanded due to the need for an independent medical opinion, as substantial compliance with the January 2020 remand has not been achieved.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's hepatic steatosis/fatty liver, including whether it is related to service or aggravated by his diabetes mellitus type II.

The claim to reopen service connection for the cause of the Veteran's death was granted. The claim for service connection itself was denied as there is no evidence linking the Veteran’s death to a service-connected disability.

The Veteran's left ring finger is manifested by pain, weakness, and limitation of motion. The Board denied a compensable rating for the service-connected left ring finger DJD.

The Board has decided to remand the case due to incomplete development and requests for additional records. An expert medical opinion from an immunologist is needed to address specific concerns raised by the Veteran's history of high-risk sexual activity during service.

The Veteran's neurogenic bladder was rated at 40% prior to September 25, 2015 and at 60% from September 23, 2011 to September 24, 2015. The claim for an earlier effective date for service connection of ASHD is denied.