Other conditions decisions — 2022

The Veteran's laryngeal cancer is found to be related to his in-service herbicide exposure, and service connection for the residuals of laryngeal cancer is granted.

The Board has remanded the case due to the Veteran's failure to report for a VA examination. The examiner is requested to review the record, conduct any necessary tests, and provide an opinion on whether dermatophytosis (athlete's foot) had its onset in or is otherwise attributable to the Veteran's periods of active service, including as due to prolonged periods where his feet were wet during his active duty service following Hurricane Katrina.

The Board has granted service connection for ankylosing spondylitis, finding that the evidence is at least in equipoise and resolving reasonable doubt in favor of the Veteran.

The Board denied service connection for dementia and major neurocognitive disorder, finding that the evidence did not support a link to service or any service-connected condition.

The Board has remanded the claim of entitlement to total disability due to individual unemployability (TDIU) for further development and readjudication.

The Veteran's death was not due to a service-connected disability, and he did not receive any service-connected compensation at the time of his death. Therefore, the claim for nonservice-connected burial benefits is denied as it was filed beyond the two-year deadline. The reimbursement of burial transportation expenses claim is also denied because the Veteran was in receipt of non-service-connected pension.

The Board has withdrawn the Veteran's appeals for loss of use of a reproductive organ and colon polyps. The remaining issues have been remanded for further development, including obtaining medical records and verifying in-service stressors.

The Board denied the Veteran's claim for service connection for a bilateral foot condition, finding that there was not an approximate balance of positive and negative evidence regarding the merits of the issue. The Veteran's in-service right foot pain is attributed to referred pain from his service-connected right lower extremity radiculopathy.

The Board has found that additional development is needed to address the Veteran's claims for compensation under 38 U.S.C. § 1151 due to a left hand and finger disability resulting from VA surgery in September 2015.

The Board has remanded the case due to incomplete development and failure to provide an advisory opinion regarding extraschedular consideration for the Veteran's service-connected recurrent parotid hyperplasia with bilateral parotitis. The matter is now pending further development.

The Board has decided to remand the case due to an inaccurate medical opinion regarding the Veteran's physical residuals of his in-service TBI. The Veteran is seeking service connection for these symptoms, which he claims are related to his TBI.

The Board has determined that the severance of service connection for genital herpes was improper and has restored the service connection.

The Board has remanded several claims related to the Veteran's hip impairments due to new evidence not previously considered by the AOJ.

The Veteran died in November 2015 and was buried shortly thereafter. The surviving spouse filed a claim for Department of Veterans Affairs (VA) burial benefits, but the criteria for entitlement to these benefits were not met due to lack of service-connected disability at the time of death.

The Veteran's right knee disability, including retropatellar pain syndrome, tendinopathy, and chondromalacia, was denied for increased ratings. The RO found that the Veteran's flexion limitation did not exceed 135 degrees from October 15, 2021, and his extension limitation did not exceed 5 degrees.

The Veteran's right knee disability was rated at 20 percent from June 26, 2008, to April 17, 2016, and 10 percent thereafter. The left knee disability was rated at 20 percent prior to November 18, 2009, and for the periods from November 18, 2009 to November 15, 2012, and from January 1, 2013 to May 6, 2018.,Both right knee and left knee disabilities were denied as they did not meet the criteria for a higher rating under VA regulations.

The Board has determined that the Veteran's HIV-related illness is likely to have been incurred during his military service, and thus grants service connection for this condition.

The claim for secondary service connection for anemia is being remanded due to lack of substantial compliance with the Board's prior directives.

The Board denied the Veteran's claim for service connection for residuals of spinal meningitis, to include myasthenia gravis, finding that there was no evidence of spinal meningitis during his service and that any current conditions are not related to service.

The Veteran's appeal for a total disability rating based upon individual unemployability prior to June 8, 2021 is dismissed due to the Veteran passing away during the pendency of the appeal.