Other conditions decisions — 2021

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to an alleged opinion from Dr. Y, who testified was treating the Veteran and opined he is unemployable. The VA needs to attempt to obtain this record and ensure all current VA treatment reports are of record.

The Veteran's appeal for a higher disability rating and TDIU prior to September 15, 2018 is being remanded due to incomplete development. The VA examiner will need to assess the extent of instability in the left knee and provide range-of-motion findings under both old and new criteria.

The Veteran's left eye disability, including Cystoid Macular Edema and Scleritis, is deemed to be a result of the VA cataract surgery performed on February 28, 2012. The Board finds that this additional disability was not reasonably foreseeable and grants compensation under 38 U.S.C. § 1151.

The Board dismissed the claim of total disability rating based upon individual unemployability (TDIU) as it was not properly before the Board.

The Board has decided to remand the case due to the need for a medical opinion regarding whether the Veteran's chronic pain disorder is separate from his service-connected disabilities and if it is related to his Gulf War service.

The Board has remanded the case due to a lack of evidence regarding the Veteran's income and unreimbursed medical expenses as of his 65th birthday, which is necessary for calculating pension eligibility.

The Veteran's esophageal cancer was not caused by an in-service event, illness, or injury and it is not a disease considered to be caused by exposure to herbicide agents. Therefore, the claim of entitlement to service connection for esophageal cancer is denied.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service connection claims for other specified trauma and stressor related disorder, alcohol use disorder, or alcohol induced mood disorder. The examiner is asked to provide opinions on whether these conditions are related to service, including an evaluation of any pre-existing alcohol use disorder.

The Board has denied service connection for arthritis of multiple joints as the evidence does not support a finding that it is related to military service.

The Board denied service connection for Bell's Palsy as the evidence did not support a finding that it began during active service or was related to an in-service injury, event, or disease.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's lung disability and biopsy, specifically related to herbicide exposure during service.

The Board denied the Appellant's claim for an earlier effective date for DIC benefits, stating that since the claim was received within a year of the Veteran's death and no legal basis exists to assign an earlier effective date, the appeal must be denied.

The Veteran's appeal is remanded for the issuance of a new rating decision to address her claims regarding initial compensable evaluation and an evaluation in excess of 30 percent for service-connected status-post salpingo-oophorectomy. The VA will attempt to obtain relevant private medical records from Dr. T and Dr. G, as well as VA treatment records.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's right-hand arthritis is aggravated by his service-connected right-hand scar. The Veteran needs to provide private medical records from Kaiser Permanente and a VA clinician must provide an addendum opinion addressing this issue.

The Board dismissed the appeal as the AOJ administratively reversed the denial and approved payment for medical services provided to the Veteran from April 2020 through December 2020.

The Board has found that the reduction and termination of B.H.'s VA survivor's pension benefits effective January 1, 2019 was improper due to a failure to provide S.R. with a predetermination hearing as required by regulation.

The Board denied the appellant's request for an earlier effective date of Dependency and Indemnity Compensation (DIC) due to her claim being received on February 20, 2020.

The Board has remanded the cases due to a duty to assist error, requiring further examination and medical opinion regarding the Veteran's left eye disabilities.

Your dental treatment on February 20, 2020 has been approved for reimbursement.

The Board has decided to remand the cases for further development and examination, including obtaining Social Security Administration records and scheduling a VA examination. The issues of service connection for spinal cord injury, increased rating for right foot fracture and hallux valgus, and special monthly compensation based on aid and attendance/housebound are all being remanded.