Other conditions decisions — 2022

The Veteran's claim for service connection for an eye disorder is remanded due to the need for a new VA examination to determine the nature and etiology of his current eye disorders, including macular degeneration and geographic atrophy with pale optic nerve. The examiner should consider the Veteran's in-service diagnosis and treatment of conjunctivitis and reported head injuries during service.

The Board has found that substantial compliance was not established with the prior remand directives and has ordered further development to obtain an independent medical opinion. The issues of compensation under 38 U.S.C. § 1151 for additional disability as a result of VA treatment, and TDIU before December 21, 2017 are both being remanded.

The Board denied the Appellant's claim for nonservice-connected survivor's pension benefits due to her annual countable income exceeding the maximum annual pension rate (MAPR) for a surviving spouse with no dependents. The Appellant was not eligible for these benefits as she did not meet the specific income requirements.

The Board has remanded the case due to a Joint Motion for Remand, addressing issues related to continuity of symptomatology and whether the Veteran showed psychosis during the period on appeal.

The Veteran's post-operative residuals of excision of keratoma and verruca of the left foot are being remanded for further evaluation due to unclear related nerve injuries.

The Veteran withdrew his appeal before a decision was made, so the case is dismissed.

The Board has decided to remand the Veteran's claims for chronic constipation and chronic cough due to insufficient information in the July 2017 VA examinations. The Veteran needs new VA examinations to determine if her symptoms of chronic cough and constipation result in functional impairment, and to establish their etiology.

The Board has remanded the case due to insufficient examination opinions regarding the Veteran's prostate disability, including whether it is related to service or herbicide exposure.

The Veteran's need for regular aid and attendance due to his service-connected disabilities is under review. The most recent assessment did not indicate any difficulties in performing activities of daily living or with fine motor skills, but the Veteran's health has deteriorated since then. A new examination is needed to determine if he currently meets the criteria outlined in VA regulations.

The Veteran's educational assistance benefits were denied as he was not enrolled within 120 days of the school's approval being withdrawn due to a legal custody dispute.

The Veteran withdrew her appeal for a clothing allowance, and the Board dismissed it.

The Veteran's claim for service connection for maxillary deficiency secondary to traumatic bone and tooth loss was denied, but the claim was reopened due to new evidence. The Board found that there is no causal relationship between his current dental disability and service.,Service connection for missing teeth 3-31 for outpatient treatment purposes was also denied as they are replaceable.

The Veteran's eye disability, including corneal and nuclear sclerotic changes (cataracts), is not distinct from his already service-connected dry eye syndrome with photophobia. His symptoms are attributable to known diagnoses and are not manifestations of an undiagnosed illness or medically unexplained chronic multi-symptom illness related to Persian Gulf service.

The Board denied the Veteran's claim for service connection for right total hip replacement, finding that there was no evidence linking his current disability to his military service.

The Board has decided that the Veteran's claims for payment or reimbursement of unauthorized medical services are remanded due to insufficient information regarding Medicare coverage and remaining balance from the episode of care.

The Board denied DIC and death pension benefits because the appellant could not be considered a validly married surviving spouse due to an unconstitutional state law prohibiting same-sex marriages, which prevented VA from determining their marriage was valid for purposes of awarding veterans' benefits.

The Veteran's gastroenteritis, characterized by abdominal pain and discomfort, bloating, constipation, and infrequent melena, is granted a rating of 30 percent from December 16, 2015.

The Veteran's claim for a temporary total evaluation after quintuple bypass surgery is remanded due to uncertainty about the relationship between his service-connected mitral valve prolapse and the surgery.

The Board denied the Veteran's claim of CUE in the November 1976 rating decision that granted service connection for a fracture of the alveolar process, left maxilla, with loss of teeth number 9, 10, and 11. The decision found no error in the assignment of the noncompensable disability rating.

The Board is remanding the case to ensure that reasonable efforts are made to obtain Social Security Administration records, which could potentially affect the effective date of service connection for the cause of death.