Other conditions decisions — 2022

The Board denied the Veteran's claim for service connection for a left breast disability due to lack of current evidence and because there is no indication in the record that the Veteran has a current disability related to his military service.

The Board has decided to remand the cases for further development and consideration due to inadequate opinions provided in previous decisions.

The Veteran's claim for residuals of a broken jaw is remanded due to the need for a VA examination.

The Veteran's disability manifested by pain in the right periumbilical area was caused by an unforeseeable event during VA treatment, and thus compensation under 38 U.S.C. § 1151 is granted.

The Board has denied service connection for gingivitis due to the lack of a compensable disability. The case is remanded for further development regarding outpatient dental treatment.

The Board has determined that more development is needed for the Veteran's claims of liver disability and TMJ disability, as VA examinations are required to determine if these conditions are related to service.

The Board has remanded the cases for further development, including obtaining SSA records and any pertinent medical treatment from VA providers. The TDIU issue is also being remanded due to its inextricability with the flat foot rating claim.

The Board denied the reopening of the claim for service connection for the Veteran's cause of death due to lack of new and material evidence, despite the Appellant providing lay statements supporting her belief that the Veteran's service-related mental conditions led to his substance use.

The Board has decided to remand the claim due to additional evidence being added to the file since the July 2020 Supplemental Statement of the Case.

The Board has determined that the Veteran's bilateral elbow condition may be related to service, but needs further examination and evidence to make a determination. The case is being remanded for additional development.

The Board dismissed the appeal due to the Veteran's withdrawal of the appeal prior to a decision being made.

The Veteran's claim for an earlier effective date for a 40 percent rating for TMJ (Temporomandibular Joint) with bruxism, masticatory myofascial pain and right-sided anterior displaced with reduction is denied. The Board found that it was not factually ascertainable that the disability increased in severity within one year prior to May 30, 2017.

The Veteran's appeal regarding the reasonableness of attorney fees awarded in a November 2016 rating decision is being remanded due to failure to notify the contested claimant (N.K.) of their rights and time limit for submitting a Notice of Disagreement.

The Veteran's Bell's palsy is remanded due to the lack of a VA examination to determine if it was incurred in service, including as a result of exposure to contaminated water at Camp Lejeune.

The Board has reopened the Veteran's claim for service connection for compression fractures T6-7 with mid-back pain and granted it. Service connection is also granted for unspecified insomnia (claimed as sleep disorder).,Issues of entitlement to service connection for right sciatic nerve radiculopathy, left sciatic nerve radiculopathy, right shoulder impingement, left shoulder impingement, right upper extremity ulnar neuritis, left upper extremity ulnar neuritis, left lower extremity patellofemoral pain syndrome, and right lower extremity patellofemoral pain syndrome are remanded for further development.

The Veteran's claim for a compensable rating for residuals of umbilical herniorrhaphy prior to March 10, 2016 was granted. A rating in excess of 20 percent is denied.

The Veteran's surviving spouse remarried after the Veteran's death, which disqualifies her from receiving VA survivor benefits.

The Board has granted a rating of 10 percent for the Veteran's status post furuncles, effective from August 5, 2019. The disability affects more than 5 percent but less than 20 percent of her entire body and exposed areas.

The Board has determined that the procedural and due process rights of both parties have not been fully followed, particularly regarding financial information and educational status. The case is remanded for further development.

The Board has granted an award of additional compensation benefits based on the Veteran's mother, L.M., being recognized as his dependent parent for VA purposes due to her reasonable maintenance needs.