Other conditions decisions — 2022

The Veteran's claim for an effective date prior to March 4, 2016, for a 40 percent evaluation of TMJ disorder is denied. The earliest possible effective date for the award of this rating is March 4, 2016.

The Veteran's TDIU claim is denied as the evidence does not show he is currently unemployed due to his service-connected disabilities.

The appeal was dismissed due to the Veteran's death, and no further action can be taken on this case.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to a failed stent procedure and resulting staph aureus infection, requiring further examination by a VA medical specialist.

The Board has remanded the cases of increased rating for spinal fusion and TDIU for the appeal period prior to March 18, 2005 due to incomplete VA examination reports. The Veteran is required to provide any outstanding private or VA treatment records and will be scheduled for a new VA examination.

The Board dismissed the appeal regarding termination of pension benefits as requested by the appellant.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for third digit (finger), left hand amputation, finding that the disability was not caused by VA carelessness, negligence, or similar instance of fault.

The Veteran withdrew their appeal before the Board could make a decision, so the case is dismissed.

The Board denied the Veteran's claim for nonservice-connected pension benefits due to his income exceeding the maximum annual pension rate.

The Board has decided to remand the cases for further action due to insufficient medical opinions regarding the Veteran's left arm and elbow conditions.

The Veteran's right long thoracic nerve injury is currently rated at 20 percent, but the Board finds that it does not warrant a higher rating as his symptoms do not meet or approximate those of complete paralysis.

The Veteran's VR&E services were previously closed due to his rehabilitation and subsequent TDIU. The Board has now ordered a remand for an evaluation of the Veteran's eligibility for independent living services.

The Veteran's claim for service connection for an acquired psychiatric disorder, including antisocial personality disorder, cannabis abuse disorder, and alcohol disorder in remission, has been denied. The Board found that the Veteran does not have a current diagnosis of any such disorders other than antisocial personality disorder.

The Board has determined that the Veteran's unspecified organic brain syndrome, a current disability related to his service, is at least as likely as not caused by an in-service high-altitude chamber incident. After considering all evidence and resolving reasonable doubt in favor of the Veteran, service connection for this condition is granted.

The Board denied an earlier effective date for DIC benefits, finding that the Appellant's claim was received on October 24, 2016, which is when the award of service connection for the cause of death was granted. The Board concluded there were no unadjudicated claims prior to this date and found no basis for an earlier effective date.

The Board has granted service connection for a sinus disorder, other than an aplastic frontal sinus, and the right foot disorder of metatarsalgia. The Veteran's current diagnoses are related to his in-service exposure to environmental hazards during service.

The Board has granted the Veteran's claim for retroactive payment of withheld VA disability compensation, with attention to his concurrent MRP and CRDP program, from November 6, 2014.

The Board has denied the Veteran's claims for service connection for subcortical white matter lesion of the posterior left frontal lobe and low executive frontal systems functioning, as well as her increased rating claims for generalized anxiety disorder, lumbar strain with intervertebral disc syndrome, and lumbar radiculopathy of the right lower extremity. The Veteran withdrew her appeals for these issues prior to the Board's decision.

The Veteran's initial claim for service-connected colorectal cancer residuals was granted, but a noncompensable rating was assigned prior to September 18, 2008. From September 18, 2008 onward, the Veteran is rated at 30 percent for his colorectal cancer residuals.

The Veteran's diaphragm paralysis with nerve damage is rated at 50 percent prior to December 18, 2019 and 90 percent effective December 18, 2019.