Other conditions decisions — 2022

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

The Board has remanded the issue of whether the character of the Appellant's discharge is a bar to VA benefits due to multiple periods of absence without official leave (AWOL) and severe alcoholism. The decision will be reconsidered with additional development.

The Veteran's claim for service connection for a skin disability of the scalp and forearms was denied. The reduction in rating for right lower extremity radiculopathy (sciatic nerve) from 40 percent to 20 percent effective September 18, 2017 was not proper, and the original 40 percent rating is restored. Ratings greater than 40 percent for right lower extremity radiculopathy (sciatic nerve), greater than 20 percent for right lower extremity radiculopathy (anterior crural nerve (femoral)), and greater than 20 percent for left lower extremity radiculopathy (sciatic nerve) were denied. For the period from October 16, 2019 to November 16, 2021, a rating greater than 10 percent for left lower extremity radiculopathy (anterior crural nerve (femoral)) was denied. For the period after November 17, 2021, a rating greater than 20 percent for left lower extremity radiculopathy (anterior crural nerve (femoral)) was denied. A total disability rating based on individual unemployability (TDIU) on an extraschedular basis prior to March 6, 2015 was granted.

The Veteran's prostate adenocarcinoma has metastasized and is not in remission, so his total disability rating for the cancer is continued.

The Veteran's appeal for a higher disability rating for his right thumb disability was denied. The Board found that the evidence did not support a higher rating than the current 10 percent.,The Veteran's claim for TDIU based on his service-connected disabilities was also denied, as there is no reasonable possibility he was unemployable due to his service-connected conditions.

The Veteran's claim for TDIU is being remanded due to the submission of an outdated VA form 21-8940. The RO must provide him with a current version and allow time to respond.

The Board has granted service connection for Myelodysplastic Syndrome (MDS) due to Agent Orange exposure during service. The condition is considered a presumptive disease.

The Board has remanded the case due to inadequate opinions regarding the Veteran's service connection claim for basal cell carcinoma, which is presumed based on his exposure to herbicide agents in Vietnam.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability (TDIU) because he already has a 100 percent schedular rating. The issue of entitlement to SMC based on loss of use of both hands is moot as service connection for the underlying disability cannot be established. The Veteran requires aid and attendance due to his inability to prepare meals, attend to personal hygiene needs, and bathe himself.

The Veteran's laryngeal cancer and its residuals prior to May 18, 2018 did not meet the criteria for a compensable rating.

The Board dismissed the claim for medical reimbursement as a matter of law because it is not a periodic monetary benefit subject to payment.

The Board denied service connection for a heart disability, finding that the evidence did not support a causal relationship between the Veteran's current heart disabilities and his military service.

The Board denied a compensable rating for left testicle epididymitis after March 16, 2015, finding that the Veteran's condition did not warrant such a rating based on lack of long-term drug therapy or hospitalizations.

The Board has remanded the case due to a potential issue with the appellant's status as the surviving spouse and an incomplete medical opinion regarding the cause of death.

The Board dismissed the Veteran's appeal for an earlier effective date for service connection of a bilateral foot disability, finding that it was a freestanding claim and not subject to revision.

The Veteran was overpaid for the period from August 1, 1992 to May 31, 1993 due to an administrative error by VA. The appeal is granted.,The Veteran's overpayment for the period from June 1, 1993 to January 18, 2001 was not properly created and thus, the appeal is granted.

The Board has remanded the Veteran's claims for increased ratings for left and right foot hallux valgus, as well as his claim of entitlement to a total disability rating based on individual unemployability (TDIU). The case is being returned to the RO for further development.

The Board denied service connection for pulmonary fibrosis, attributing it to the Veteran's long history of smoking and lack of evidence linking the condition to his in-service exposure to contaminated water at Camp Lejeune.

The Veteran's appeal for VR&E benefits was dismissed because he has been awarded retroactive reimbursement and does not want any further services.

The Board dismissed the appeal because the appellant requested to withdraw their appeal prior to a decision being made.