Other conditions decisions — 2021

The Veteran's right fifth finger mallet finger disability is being remanded for a new VA examination to assess its severity and impact on her daily activities.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA examinations to assess his service-connected hip disabilities, as well as potential extraschedular consideration of TDIU.

The Board has determined that additional development is needed for the Veteran's claims of entitlement to an initial compensable rating for service-connected left obturator nerve injury, associated with left inguinal hernia status post-surgery and entitlement to a total disability rating based on unemployability (TDIU) due to service-connected disabilities. Specifically, the Board has ordered that VA attempt to obtain pertinent private medical records and schedule the Veteran for an examination regarding his service-connected left obturator nerve condition.

The Veteran is granted an initial rating of 50 percent for panic disorder prior to November 13, 2019. The issue of TDIU has been remanded.

The Veteran's appeal for increased ratings and TDIU was denied. The left femur disability is rated at 10% prior to September 16, 2014, and 20% from that date until May 27, 2016. For the period before June 17, 2014, TDIU was denied.

The Board has remanded the claim for service connection of a right eye disability due to an incomplete medical opinion. The Veteran's current right eye disorder is being evaluated again to determine if it is related to his in-service corneal abrasion and pterygium removal.

The Veteran's claims for increased ratings and SMC were denied. The case was remanded for additional development.

The Board has remanded the claims for service connection and compensation under 38 U.S.C. § 1151 due to concerns about the relationship between the Veteran's service-connected back condition and his bone cancer, as well as whether his prostate cancer residuals were properly monitored by VA.

The Board has determined that the Veteran's death was caused by his service-connected carcinoma of the pancreas, which is considered a direct result of in-service exposure to burning fires and fumes. The Board found the evidence in equipoise regarding this claim.

The Board has remanded the case due to conflicting findings regarding the nature and etiology of the Veteran's pulmonary disability, including interstitial lung disease. Further VA examination is needed to determine if any identified disabilities are related to service exposure to herbicide agents and jet fuels.

The Veteran's bilateral dry eye syndrome and left eye vitreous floaters are currently rated as 20 percent disabling, effective June 8, 2016. The appeal for a higher rating is denied. Service connection for headaches remains remanded.

The Board has decided that the appellant's character of discharge does not constitute a bar to payment of VA benefits, but finds remand necessary for further development regarding his application for an upgrade to his discharge.

The Board denied service connection for basal cell carcinoma and squamous cell carcinoma, finding that the conditions were not incurred or aggravated by service and did not have a nexus to herbicide exposure.

The Board has decided that the Veteran's sickle cell thalassemia and associated residuals, as well as his TDIU claim, need further investigation and evidence collection before a final decision can be made.

The Board denied a request for an earlier effective date of March 17, 2017 for a 10 percent rating for service-connected deformity of the nose. The Veteran's appeal was withdrawn in October 2011 and he filed his claim for increase on September 21, 2017.

The Board denied the Veteran's claim for an effective date prior to September 13, 2017 for a 60 percent rating for obstructive lung disease as it was not factually ascertainable that his condition increased in severity to warrant such a rating before then.

The Board has remanded the case due to inadequate consideration of the Veteran's lay statements regarding his scars and their severity.

The Board found that the apportionment of the Veteran's VA compensation benefits to the appellee in the amount of $365.00 per month effective from July 1, 2018 to January 1, 2020 was not proper due to insufficient evidence showing the Veteran was not reasonably discharging his responsibility for the child's support and that granting a special apportionment would cause undue financial hardship on the Veteran.

The Board found that the apportionment of the Veteran's VA compensation benefits to the appellee in the amount of $365.00 per month effective from July 1, 2018 to January 1, 2020 was not proper due to insufficient evidence showing the Veteran was not reasonably discharging his responsibility for the child's support and that granting a special apportionment would cause undue financial hardship on the Veteran.

The appellant is ineligible for direct payment of attorney fees due to the lack of a valid fee agreement filed within 30 days of execution. The Board found that the April 2018 fee agreement did not meet the requirements set by VA regulations.