Other conditions decisions — 2021

The Veteran's service-connected other specified trauma and stressor related disorder was reduced from a 70 percent rating to a 50 percent rating effective August 1, 2020. The appeal regarding this reduction is dismissed as moot because the appropriate disability rating has already been addressed in a prior Board decision.

The Veteran's claim for payment or reimbursement of medical expenses incurred on February 11, 2020 at Columbia Basin Hospital was denied because the claim was not filed within 90 days after exhaustion of attempts to obtain reimbursement from a third party.

The Board denied the claims of service connection for back pain, left leg pain, and right leg pain as new and relevant evidence was not received to support these claims.

The Veteran's service-connected anemia, status post non-Hodgkin's lymphoma, is now rated at a 10 percent disability rating effective October 1, 2019. The preponderance of the evidence does not support higher ratings for any point during the appeal period.

The Board has determined that the appellant's request to substitute as claimant for the claims pending at the time of the Veteran's death was timely filed. The appeal is granted.

The Board has remanded the case due to a failure to obtain relevant private treatment records, specifically from Dr. Watson and WellStar Medical Group Urology.

The Veteran's claim for a rating in excess of 10 percent for crush injury, right anterior thigh with fibrosis is being remanded due to the need for another VA examination. The examiner should assess the severity of the disability and determine if separate ratings are warranted.

The appeals for special monthly compensation and an earlier effective date for total disability rating based on individual unemployability have been dismissed due to the Veteran's death.

The Veteran's varicose veins of the left and right legs were rated at 20 percent from June 28, 2020. The effective date for this rating is June 28, 2020.,The Veteran's left eye injury residuals do not meet the criteria for a compensable rating.

The Board has remanded the case due to a duty-to-assist error, specifically failing to provide a VA examination and medical opinion regarding the relationship between the Veteran's esophageal adenocarcinoma and his active duty service.

The appeal for TDIU is dismissed due to the Veteran's death.

The appeal has been withdrawn by the appellant before a decision was made, so it is dismissed.

The Veteran's adult son, E.M., is seeking recognition as the 'helpless child' of the Veteran due to permanent incapacity for self-support prior to reaching age 18. The appeal requires additional SSA records related to E.M.'s disability benefits claim.

The Board has remanded the case due to a duty-to-assist error, specifically failing to provide a VA examination and medical opinion regarding the relationship between the Veteran's esophageal adenocarcinoma and his active duty service.

The Board has restored the Veteran's TDIU and DEA benefits, effective August 1, 2020, as the AOJ did not follow proper procedures in discontinuing these benefits.

The Veteran's back brace, used for a service-connected disability, tended to wear out or tear his clothing in the 2020 calendar year. Therefore, an annual clothing allowance is granted.

The claim for DIC has been withdrawn by the appellant, and thus is dismissed.

The Board has granted the Veteran's claim for service connection for Primary Lateral Sclerosis (PLS) as a variant of Amyotrophic Lateral Sclerosis (ALS), finding that PLS can be considered one and the same for VA purposes under 38 C.F.R. § 3.318.

The Board has determined that new evidence supports readjudicating the Veteran's claims for service connection of right middle finger and right index finger disabilities. However, the evidence does not establish a current disability.

The Board has ordered new VA medical opinions for the issues of service connection for Morton's neuroma and degenerative joint disease of the spine, both secondary to service-connected bilateral pes planus. The remand is due to inadequate previous opinions.