Other conditions decisions — 2022

The Veteran's appeal for a higher rating for temporomandibular joint disorder has been dismissed due to his death. The Board does not have jurisdiction to proceed with the case as he is deceased.

The Veteran's service-connected disabilities require regular aid and attendance, which grants them special monthly compensation.

The Veteran withdrew his appeal for SMC at the (R)(1) level, and the Board dismissed it as a result.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for a skin disability was denied as the weight of evidence does not support that VA treating providers had any information reflecting that the Veteran had a penicillin allergy, and thus their administration of Amoxil in February 2013 did not constitute carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.,The Veteran's claim for an earlier effective date for service connection of his left hip disability was denied as the legal basis is unclear and no entitlement to compensation is currently in effect for any left hip disability.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment, as he is currently employed in heavy equipment sales.

The Board has decided to remand the case due to lack of substantial compliance with previous remand directives and requires a new examination and opinion regarding the Veteran's current eye disorders.

The Board denied the Appellant's claim for nonservice-connected survivor pension benefits as her annual income exceeded the maximum annual pension rate (MAPR) for a surviving spouse with one dependent.

The Veteran's claims for service connection and increased ratings were denied. The claim to reopen the left pinky finger condition was denied due to lack of new and material evidence, while a noncompensable rating for right long/middle finger fracture and denial of a compensable rating for left inguinal hernia, post-operative, were granted.

The Board has ordered additional development to obtain the Veteran's medical records and to provide a new medical opinion regarding whether his cause of death is related to service or any other factors. The case will be returned for further action.

The Veteran's death was not due to a service-connected disability, and the Board found that there is no causal relationship between his military service and his cause of death.

The Board denied the Veteran's claim for service connection for right big toe disability, finding that it was not caused or aggravated by a service-connected condition and that he failed to report for a scheduled VA examination without good cause. The decision also noted that the evidence did not support service connection on any other basis.

The Veteran's irritable colon was found to have its onset during service, and the Board granted service connection for this condition.

The Veteran's claim for higher ratings for his low back disability and radiculopathy was denied. The Board found that the current rating of 40 percent for his low back disability is appropriate, as there is no evidence of ankylosis. For his right lower extremity radiculopathy, a 10 percent rating has been granted since August 1, 2014 to September 16, 2021. The Veteran's left lower extremity radiculopathy was rated at 10 percent for the entire appeal period.

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse and remanded the issue of accrued benefits. The decision is binding only with respect to the specific matters decided.

The Board has reopened the claim for service connection for a lung disability due to new and material evidence, but the case is remanded for further examination.

The Board has granted service connection for the Veteran's residuals of a right big toe injury, finding that it had its onset in service and is related to his active duty. The claim was reopened due to new evidence submitted since the last denial.

The Board has remanded the case due to lack of substantial compliance with prior remand directives and insufficient medical opinions regarding the Veteran's prostate disorder, including whether it is caused or aggravated by his service-connected adjustment disorder, hypertension, or medications.

The Board denied the appellant's claim for burial benefits as he is not eligible due to the regulatory change and his role as a funeral home director, despite providing services for the Veteran's funeral.

The Veteran's surviving spouse is denied recognition for death benefit purposes and accrued benefits due to the lack of a pending claim at the time of his death.