Other conditions decisions — 2022

The Board has remanded the case due to a failure to obtain the full informed consent documents signed by the Veteran prior to her laparoscopic cholecystectomy in October 2008.

The Veteran's blood disorders are being remanded for further examination and opinion regarding their etiology, with a focus on herbicide agent exposure in Vietnam.

The Veteran's appeal is remanded for a precise accounting of the amounts withheld from her VA benefits compensation due to military drill pay for Fiscal Year 2009, and for adjudication of her TDIU claim.

The Veteran's compensation benefits for rectal cancer residuals are subject to offset by the $375,000 FTCA settlement amount.

The Board has determined that additional development is needed to determine if the Veteran's post-operative residuals of rhinoplasty, including chronic infections, nasal deformity, nasal airway obstruction, and loss of cartilage, are caused by VA treatment/surgery, specifically a retained suture in his nose during the June 2013 surgery. The case is being remanded for further examination and opinion.

The Board denied the Veteran's claim for service connection for a right great toe fracture, finding that there was no evidence of in-service injury or relationship to any service-connected condition.

The Board has decided that the appellant may not be recognized as the Veteran's surviving spouse for purposes of DIC benefits due to a lack of valid marriage, and has ordered additional VA treatment records to be obtained.

The Veteran's initial rating for right hip degenerative changes (limited extension) prior to March 20, 2017 was denied. A compensable rating of 10 percent is granted effective from March 20, 2017 for limited flexion and functional loss.

The Board has granted the Veteran's claim for service connection for a right hip disability, to include degenerative joint disease and right flank pain, as secondary to his service-connected prostate cancer.

The Board found that the appellant's character of discharge from service constitutes a bar to VA benefits due to his conviction at general court martial and dismissal with a dishonorable discharge.

The Board has granted service connection for uterine fibroids and the removal of the uterus, finding that the condition was incurred in service.

The Board has denied the Veteran's claim for service connection for intestinal bleeding and bloody stools, finding that there is no evidence linking these symptoms to his active military service.

The Board denied the Veteran's claims for an earlier effective date and a higher rating for his right thigh muscle injury, finding that there was no evidence of a factually ascertainable increase in disability prior to January 30, 2013, and that the current 40% rating adequately reflects his condition.

The Board denied the Veteran's claim for a separate rating for bowel incontinence secondary to his service-connected lumbosacral strain disability, finding that there is no current evidence of such condition.

The Veteran's chronic cough was denied a higher rating prior to March 8, 2022 and from March 8, 2022 forward. The criteria for a higher rating have not been met.

The Veteran's service-connected right elbow injury and other disabilities have been granted, including special monthly compensation for need of aid and attendance. A total disability rating based on individual unemployability has also been granted effective October 17, 2013.

The Board has decided that additional development is needed for the Veteran's claim of service connection for benign prostate hypertrophy, claimed as bladder dysfunction, due to his service-connected diabetes. The remand requires an addendum opinion addressing both causation and aggravation.

The Board has decided to remand the case due to insufficient evidence and need for further examination. The Veteran's left knee disability is being reviewed again as there are conflicting opinions on its relationship to service.

The Veteran's appeal regarding the reduction in his right knee total arthoplasty rating from 60 to 30 percent, effective December 1, 2018, has been dismissed due to the Veteran's death.

The Veteran's claim for service connection for Crohn's Disease has been reopened, but the issue of whether it is related to his military service remains unresolved due to missing records and need for a VA examination.,Service connection was granted for ulcers. The Veteran's ulcer condition began during active duty in 1990.