Other conditions decisions — 2022

The Veteran withdrew his appeals for service connection for colon condition, diverticulitis, hiatal hernia, and a right ear condition. The Board dismissed the appeal as withdrawn.

The Board has granted an effective date of January 13, 2014 for the award of additional dependency benefits based on school attendance for the Veteran's child, D., but excluded the period during which D. did not attend school in the Spring 2016 term.

The Board has remanded the Veteran's claims for additional development, including obtaining his National Guard and Reserve service dates and a VA examination to address the nature and etiology of any current spine cord disorder.

The Board has decided to remand the Veteran's claims for additional development due to outstanding records and SSA disability benefits records.

The Board found that the appellant's character of discharge from service was a bar to VA compensation benefits due to willful and persistent misconduct, resulting in a Bad Conduct Discharge.

The Board has determined that the most recent VA medical examination is inadequate and requires a new examination to assess the Veteran's knee conditions, specifically addressing functional impairment during flare-ups and range of motion measurements.

The Veteran's accrued benefits and nonservice-connected burial allowance claims are denied as there were no pending claims at the time of his death, he was not receiving VA compensation or pension benefits, and his death did not meet the criteria for a burial allowance.

The Board has granted a compensable rating of 10 percent for gynecomastia, finding that the condition is painful and approximates underlying soft tissue damage.

The Board denied an initial compensable rating for cholecystectomy and Nissan fundoplication scar residuals, finding that the scars did not meet criteria for a compensable rating under VA's skin disability rating schedule.

The Board denied the appellant's claim for DIC benefits as a surviving spouse of the Veteran due to her not meeting the eligibility requirements, including failing to meet the one-year marriage duration requirement.

The Veteran's service-connected perforated tympanic membrane of the right ear is manifested by complaints of an inability to fly in aircrafts and an inability to go underwater without ear plugs due to pain. The Board has determined that a compensable rating for this disability is not warranted.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's musculoskeletal laxity disability pre-existed service and was aggravated during service.

The Board denied service connection for hypertensive atherosclerotic cardiovascular disease with hyperlipidemia, finding no evidence of its onset during or within one year after active duty. The Board also denied TDIU based on the Veteran's service-connected disabilities and found that he was capable of substantial gainful employment.

The Board has remanded the case due to an inadequate October 2019 VA medical examination, and a new examination is needed to determine if the Veteran's current right foot condition is related to his conceded in-service injury during active duty.

The Board has remanded the Veteran's claims for bilateral rotator cuff and impingement with acromioclavicular arthritis due to insufficient development in the April 2020 VA opinion.

The Board has ordered the AOJ to make new efforts to verify the appellant's father's Air Force service and obtain all relevant SSA records concerning the appellant. The AOJ is also advised to consider any further development that may be necessary.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at Cape Coral Hospital on April 3, 2017 was denied because the treatment was not rendered in a medical emergency and VA facilities were feasibly available.

The Veteran's initial ratings for arthritis of the left hip with limitation of abduction, extension, and flexion have been denied. The maximum schedular rating under applicable diagnostic codes has already been assigned.

The Board has decided to remand the case due to the need for a VA medical opinion regarding whether the Veteran's colon cancer, which was presumed to be caused by his exposure to Agent Orange during his tours in Vietnam, contributed to his death. The cause of death is currently listed as natural causes with significant conditions being alcoholism and Agent Orange.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to alleged delays in scheduling and performing the carpal tunnel and ulnar nerve surgery, which may have caused or exacerbated his left arm disability.