Other conditions decisions — 2022

The Board denied a rating in excess of 60 percent for the service-connected pulmonary disability and denied entitlement to a TDIU based solely upon the service-connected pulmonary disability. The Veteran's pulmonary condition has not resulted in FVC less than 50% of predicted value, DLCO (SB) less than 40% predicted, or maximum exercise capacity less than 15 ml/kg/min oxygen consumption with cardiorespiratory limitation.

The Veteran's appeal for increased ratings was dismissed due to his withdrawal of the issue pertaining to residuals, retinal detachment repair with esotropia, diplopia and syneresis of both eyes, and with visual field defect due to peripheral chorioretinal scars. The claims for a compensable rating for fracture of the left fifth metacarpal and a 10 percent rating for residuals of an inguinal hernia were adjudicated but not granted.

The Board has remanded the case due to new evidence submitted by the Veteran and a need for clarification of previous opinions. The issue is now pending further development.

The appeal was dismissed due to the appellant's death during the pendency of the case.

The Veteran's claims for an increased rating for ulcerative colitis and a TDIU are being remanded due to the need for updated evidence regarding his ulcerative colitis.

The Board has decided that the Veteran's claim for TDIU should be remanded due to incomplete notice and lack of information on his employment and educational history.

The Veteran's claim for service connection for a sleep disorder, to include as secondary to his service-connected lumbosacral strain and nonservice-connected stroke, has been denied. The Board found no current diagnosis of a sleep disorder.

The Veteran's umbilical hernia is currently rated under DC 7338, which applies to inguinal hernias. The Board has decided that the Veteran's hernia should have been rated under DC 7339 for a ventral hernia and granted a rating of 20 percent.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, issuing a supplemental statement of the case (SSOC), and considering new evidence. The SSOC must address the Veteran's claims for a compensable rating for her surgical scar and service connection for rectal disorder, repair of a lacerated bladder, cramps, and urinary disorder.

The Board denied service connection for the cause of death due to tracheal cancer and multiple myeloma, finding no evidence of exposure to herbicide agents at Luke AFB or any other basis for establishing service connection.

The Veteran's claim for an earlier effective date for a disability rating of 20 percent for a left foot third metatarsal fracture is denied. The Board finds that the Veteran did not submit a formal claim until December 4, 2018.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to proceed with the case.

The Board has remanded the case due to incomplete documentation and the need for additional medical opinions regarding whether the Veteran's left eye iritis is related to VA surgical treatment in January 2002.

The Board has denied service connection for anemia and remanded the issue of service connection for sickle cell trait due to lack of a current diagnosis.

The Board found that the overpayment was properly created due to concurrent receipt of Dependents' Educational Assistance (DEA) and dependent disability benefits. The Veteran's appeal for waiver of recovery of the overpayment was denied as it would not be against equity and good conscience.

The Board has decided to remand the case due to an inadequate opinion regarding whether the Veteran's skin cancer is related to his service, specifically Agent Orange exposure. The case will be sent back for a new VA examination and opinion.

The appeal was dismissed as the appellant withdrew her appeal before a decision could be made.

The Veteran's claim for an initial compensable rating for his left ring finger disability is being remanded due to the need for a new VA examination to assess the current severity of his condition, including any flare-ups and motion.

The Board has decided to remand the case due to inadequate opinions in previous VA examinations regarding the Veteran's abdominal pain and its relation to service.

The Board denied service connection for Guillain-Barre Syndrome, but granted TDIU and SMC based on the Veteran's Parkinson's disease.