Other conditions decisions — 2021

The Board has decided to remand the case due to insufficient notice provided by the AOJ and lack of evidence in the file.

The Veteran withdrew his appeal regarding the earlier effective date for service connection for bilateral hearing loss.

The Board granted the appellant's claim for aid and attendance allowance effective July 19, 2019. The decision is based on the submission of a formal application within one year after filing an Intent to File form.

The Veteran's right hip disability, specifically limited extension, was denied an initial compensable evaluation prior to March 9, 2021 and in excess of 10 percent thereafter.,An initial disability evaluation in excess of 10 percent for trochanteric pain syndrome, right hip, limited flexion (claimed as hip arthritis) prior to March 9, 2021 was denied. From March 9, 2021, a maximum 20 percent rating is warranted.,An initial compensable evaluation for trochanteric pain syndrome, right hip, limited abduction (claimed as hip arthritis) prior to March 9, 2021 was denied and entitlement to the maximum 20 percent rating under Diagnostic Code 5253 from March 9, 2021 is granted.

The claim for payment or reimbursement of emergency medical expenses incurred at Southern Regional Medical Center on March 6, 2020 has been approved in part. The appellant must resubmit the claim with a corrected modifier for one line item that was not paid due to a billing issue.

The Board denied service connection for pulmonary emboli, left lower extremity DVT, and right lower extremity DVT as there is no evidence of these conditions during active service or related to service.,Service connection was granted for a left hand condition due to its proximate relationship to the Veteran's service-connected left wrist fracture.

The Veteran's right knee patellar tendonitis and left knee chondromalacia patella (post-surgery) are each rated at the maximum 40 percent under their respective diagnostic codes. The Board has not found additional factors warranting higher ratings.

The Board has remanded the issue of eligibility to the direct payment of attorney fees based on past-due benefits awarded in December 2020 rating decision due to a duty to notify error.

The appeal concerning payment for non-VA emergency medical services provided to the Veteran in March 2019 is dismissed as the appellant did not timely appeal the amount paid by VA.

The Board has determined that the decision on appeal is not clear and does not provide adequate notice to the appellant concerning the authority under which payment of the medical reimbursement sought may be made. The Board finds it necessary to remand for correction of any error by the AOJ in satisfying a regulatory or statutory duty.

The Veteran's appeal for increased ratings was denied. The non-penetrating muscle injury to muscle group XIX is not rated higher than 10 percent, and the non-penetrating muscle injury to muscle group XXI is granted at a 10 percent rating effective August 26, 2016.

The Veteran's left elbow disabilities are granted with a 10 percent rating for limitation of extension and denied for higher ratings on limitation of flexion.

The Veteran's appeal for a total rating based on individual unemployability (TDIU) has been dismissed due to the death of the Veteran.

The Board has decided that a total disability rating based on individual employability (TDIU) due to service-connected disabilities is remanded for further development, including income verification and clarification of the Veteran's employment history.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's pelvic floor dysfunction. Additional development is needed, including obtaining a new VA examination or opinion.

The Board has determined that additional development is necessary to evaluate the Veteran's service-connected myositis ossificans of the left thigh, and to adjudicate his claim for a TDIU. The case is being remanded for further action.

The Veteran's skin disability is considered to have started during his active service, and the Board has granted service connection for this condition.

The Board has determined that the Veteran's gout of the right great toe was not incurred in service and is unrelated to his service-connected right ankle disability. The evidence does not support a finding of service connection for this condition.

The Board has dismissed the appeal because the appellant (the Veteran's widow) died in July 2021, and as a result, the Board does not have jurisdiction to adjudicate the merits of the appeal.

The Board denied the Veteran's claims for service connection for enlarged lymph nodes and TDIU due to his service-connected vertigo. The evidence did not support a finding that the enlarged lymph nodes were related to service, including exposure to contaminated water at Camp Lejeune.