Other conditions decisions — 2022

The Veteran's claims for increased evaluations of his service-connected shell fragment wounds are remanded due to lack of substantial compliance with the May 2021 Board remand directives. Additionally, a TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The claim for death pension benefits is dismissed as the Veteran's cause of death has been granted service connection, making the pension claim moot.

The Veteran's bilateral corneal opacity with bilateral nuclear cataracts and meibomian gland dysfunction is rated at 40 percent from May 18, 2018.

The Veteran's appeal for a TDIU was dismissed because he failed to provide an updated VA Form 21-8940 within one year of being asked to do so, which is required by regulation.

The Board has dismissed the appeal as the benefit sought (service connection for cause of death) has already been granted.

The Board has determined that there was not substantial compliance with the previous remand directives and has ordered a new VA examination to evaluate the severity of the Veteran's bilateral knee disabilities.

The Board has remanded the Veteran's claims for service connection for a skin disease and chronic lymphocytic leukemia due to inadequate VA examinations and failure to consider certain factors.

The Veteran requested payment or reimbursement for dental treatment received at 1st Advantage Dental on August 11, 2011. However, the claims file is missing some documents necessary to make a decision. The claim is being remanded so that all relevant information can be reviewed.

The Veteran's service-connected sinus condition is found to be etiologically related to his current sinus and right eye CNVM conditions. Service connection for both conditions is granted.

The Board denied the Veteran's claim for an earlier effective date for nonservice-connected pension benefits, finding no legal basis to grant such a request.

The Veteran's service-connected vision convergence, accommodative insufficiency, and diplopia have not been found to warrant a compensable disability rating at any time during the appeal period.

The Veteran's right foot paralysis / foot drop is being remanded for further evaluation due to insufficient compliance with the prior remand. The VA addendum opinion obtained in May 2022 did not address whether the Veteran's post-operative bleeding was a common complication or distinguish between the November 3, 2015, and November 4, 2015, surgeries.

The Board denied the Veteran's claim for service connection for loss of fingernails due to diabetes mellitus type 2, finding no evidence of a current disability during the pendency of the claim or recent to the filing of the claim.

The Board has ordered remand for the following issues: initial rating higher than 10 percent for right hip limitation of motion in extension beginning February 11, 1992; separate compensable rating for right hip limitation of motion in flexion; rating higher than 10 percent for right hip limitation of motion in adduction from September 17, 2010, to July 28, 2021; and a compensable rating for right hip limitation of motion in abduction prior to July 29, 2021. The Veteran's claims are remanded due to inadequate rationale provided by the Board.

The Veteran's claims for service connection have been granted. The right hip arthritis and left lung spontaneous pneumothorax residuals are now considered established based on new evidence received since the March 2008 denial.

The Board has found that the VA examination did not provide sufficient rationale for its conclusions regarding service connection for anemia. The case is therefore being remanded to obtain a more detailed opinion.

The Board found that the Veteran did not receive concurrent pay for 18 days of drill pay, thus the reduction in VA compensation benefits was improper and the appeal is granted.

The Veteran's right testicular pain and resolved chronic epididymo-orchitis are currently rated at 10 percent, but the Board finds that these conditions do not meet the criteria for a higher rating.

The Board has decided to remand the case due to issues with the calculation and effective date of an overpayment. The Veteran's claim for waiver is also being remanded.

The Veteran's service-connected orchiectomy of the left testicle status post testicular orchialgia has not resulted in the removal or disability of the right testicle, and there is no other penile deformity. Therefore, a compensable rating for this condition is denied.