Other conditions decisions — 2022

The Veteran's claim for increased ratings for his service-connected thoracic somatic dysfunction with muscle spasms is being remanded due to the need for additional examinations and compliance with prior remand directives. The case also includes a remand for individual unemployability (TDIU) from August 6, 2014, to November 19, 2014.

The Board denied the claim for service connection of AML, finding that there is no evidence to support a causal link between the Veteran's presumed exposure to herbicide agents during active service and his diagnosis of AML.

The Veteran's initial increased rating for cardiomyopathy with mitral valve regurgitation from February 9, 2022 to March 7, 2022 was granted at a 100% disability rating.,For the period prior to May 3, 2021, an increased rating for atrial fibrillation was denied. However, from May 3, 2021, a 30% disability rating was granted.,Special monthly compensation (SMC) under 38 U.S.C. § 1114(s) was granted from February 9, 2022 to March 7, 2022.

The Board has found that the Veteran's request for a waiver of indebtedness was untimely and denied. The issue of whether the amount of the debt is properly calculated is remanded to allow further development, including consideration of mitigating circumstances.

The Board has remanded the Veteran's claims for her second period of service and her claim for a disability manifested by blood clots (claimed as pulmonary embolism) due to ongoing issues with obtaining relevant records, including court-martial records and mental health treatment records. The Veteran's honorable period of service is established, but there are questions regarding whether the character of discharge was dishonorable.

The Veteran's claim for service connection for chronic fainting spells and/or dizziness due to a pituitary gland issue has been denied. The Board found no evidence linking these symptoms to his military service.

The Board denied the appellant's claim for special monthly death pension benefits due to her income exceeding the Maximum Annual Pension Rates (MAPRs) for the applicable periods, even after considering all claimed medical expenses.

The Board has remanded two issues related to the appellant's child, one for spina bifida and the other for other covered birth defects. The appellant is asked to provide her birth certificate and authorization for treatment records from specific facilities.

The Veteran's appeal for higher ratings for bronchiectasis is remanded due to the lack of DLCO testing, which was a basis for the July 2021 vacatur. The VA needs to schedule the Veteran for an examination and conduct DLCO testing.

The Board has remanded the claim for service connection of a bilateral hip disorder due to insufficient evidence in the record, particularly regarding the etiology of the Veteran's claimed condition.

The appeal was dismissed due to the deaths of both the Veteran and the surviving spouse during the pendency of the appeal.

The Board has remanded the claims for service connection for bilateral feet disorders due to a failure to provide a VA medical opinion as directed in the March 2022 Board remand.

The Board has granted effective dates of March 30, 1998 for the establishment of service connection for residuals from an ectopic pregnancy, rectovaginal fistula, and chronic urinary tract infection.

The Veteran's service connection claim for residuals of upper neck cancer is granted, as the evidence supports a finding that his cancer was caused by presumed exposure to herbicide agents in service.

The Veteran's claim for an increased rating to 50 percent for adjustment disorder with mood disorder was granted, effective from October 31, 2016.

The Board has remanded the issue of whether the Veteran is unemployable due to his service-connected cognitive disability with memory loss and neurological problems prior to July 22, 2020. The case will be referred for extraschedular consideration.

The Board has denied service connection for liver cancer, finding that it is a metastatic condition resulting from the Veteran's previously service-connected colon cancer. The claim was not granted on any other basis.

The Veteran's claim for service connection for a right knee disorder was granted, but VA withheld his disability compensation from November 19, 2004 to May 31, 2007 due to concurrent receipt of military retirement pay and disability compensation. The appeal is denied as the criteria are not met.

The Veteran's claims for increased ratings for shell fragment wound (SFW) residuals to the right thigh, Muscle Groups XIII and XIV have been granted.

The Board has remanded the case due to a failure to obtain a VA examination for determining whether the Veteran meets the requirements for SMC based on need for regular aid and attendance or by reason of being permanently housebound. The examiner should consider any impairment from service-connected disabilities and all factors identified in 38C.F.R. §3.352(a).