Other conditions decisions — 2021

The Board has decided to remand the case due to inadequate examination and new evidence added since the last decision.

The Board has granted the appellant's claim for payment of $1,398.06 in VA benefits returned after the Veteran's death to cover funeral expenses.

The Veteran's appeal for higher ratings for her right hip disability was denied. She is already receiving the highest schedular rating for limitation of extension, and a maximum 40 percent rating for degenerative joint disease. The claim for an increased rating for impairment of the thigh remains pending.

The Board has remanded the Veteran's claim for a right elbow condition due to incomplete development and the Veteran's vulnerability during the pandemic. The case will be returned for further development, including obtaining treatment records and scheduling an examination.

The Board has granted the Veteran's claim for service connection for bilateral eye ptosis, but remanded her claim for a rating in excess of 10 percent for right knee disability.

The Veteran's claim for an earlier effective date for service connection of non-Hodgkin's lymphoma was denied as the earliest effective date that can be awarded is March 14, 2017 due to the enactment of VA regulations establishing a presumption of exposure to contaminants in the water supply at Camp Lejeune.

The Board denied the Veteran's claims for increased ratings for her right sacroiliac joint dysfunction, finding that she did not meet the criteria for a disability rating greater than 10 percent prior to November 5, 2019, and greater than 20 percent thereafter. The appeal was dismissed for the issue of entitlement to a disability rating greater than 30 percent for status post hysterectomy and lysis for polycystic ovaries and pelvic adhesive disease.

The Board has decided to remand the claims of service connection for left and right upper extremity disabilities, as well as a skin disorder due to conflicting findings in the medical records and an absence of in-service treatment records.

The Board has remanded the case for additional development due to inadequate VA examinations. The Veteran's Horner's Syndrome and related conditions are being evaluated again.

The Board has decided to remand the Veteran's claims of service connection for mononucleosis, arthritis, and tonsillitis due to conflicting evidence in the record. The Veteran contends that he still suffers from these conditions as a result of his active service. However, VA examinations have not adequately addressed his current symptoms.

The Veteran's bilateral knee disabilities have been granted increased ratings, with the right and left knees receiving separate disability ratings for flexion and extension limitations. The decision also grants a TDIU based on service-connected disabilities.

The Board has remanded the Veteran's claims for osteomyelitis and bilateral peripheral nerve disability due to additional development of records, including VA treatment records from 2018. The Board also requested a VA addendum opinion or examination if new evidence is obtained.

The Board has remanded the claims of a dental disorder and TDIU prior to April 17, 2018 due to inadequate VA examinations. The Veteran's lay statements about teeth grinding since service are considered, and his use of smokeless tobacco is also taken into account.

The Board denied the Veteran's claim for service connection for hernia, finding that there was no evidence of a current disability and attributing the condition to post-service occupation.

The Board denied the Veteran's claims for service connection for bilateral total hip replacement and TDIU, finding that there was no evidence to support a claim of secondary service connection due to medications. The Board also found that the Veteran did not meet the criteria for TDIU based on his service-connected disabilities alone.

The Board has denied the Veteran's claims for reimbursement of medical expenses due to the failure to file the claims within 90 days after discharge from the facilities where the services were provided.

The Veteran's TMJ was rated at 20 percent from March 1, 2013 to January 16, 2018 and upgraded to 40 percent effective January 16, 2018.

The Board denied the Veteran's claim for service connection for a lung disability, finding that the evidence did not support a link between his current lung condition and in-service asbestos exposure. The preponderance of the evidence was against the claim.

The Veteran's claim for payment or reimbursement of medical treatment received at Cape Coral Hospital on December 25, 2015 is being remanded to obtain Medicare and provider billing records to determine the amount paid by Medicare and whether the balance owed is a copayment, coinsurance, or deductible.

The Veteran's claim for a higher rating for service-connected residuals of a fracture of the right femur and fibula, resulting in limitation of right knee motion, is denied. A separate 10 percent disability rating for right hip arthritis associated with the service-connected residuals of a fracture of the right femur and fibula is granted.