Other conditions decisions — 2022

The Veteran's claim for an increased rating for optic nerve drusen is remanded due to incomplete VA examination report and the need for further development, including additional VA examination.

The Board denied the Veteran's claims for service connection for gangrene and entitlement to a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities. The Board found that there was no evidence linking the Veteran's gangrene disability to his in-service exposure to herbicides or any other service-connected condition, and concluded that the Veteran did not meet the criteria for TDIU.

The Board has remanded the claims for further development due to insufficient opinions regarding unfavorable ankylosis of the thoracolumbar spine. The Veteran's service-connected conditions include ankylosing spondylitis and intervertebral disc syndrome.

The Board denied the Veteran's claim for an earlier effective date for dependency allowance benefits, finding that the assigned effective date of August 1, 2013 was appropriate as it was within one year after each child's birth and based on the date of claim.

The appeal regarding the propriety of reducing the Veteran's benefits due to incarceration has been dismissed as the Veteran died in February 2022, and no one can continue his appeal.

The Board has remanded the case due to inadequate medical evidence and a need for new examinations to assess the severity of the Veteran's service-connected lumbar spine disability, including pain and flare-ups.

The Board has granted service connection for right and left hip disorders on a presumptive basis, as the Veteran's in-service degenerative changes were shown to be chronic.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's inflammatory bowel disease, including ulcerative colitis and Crohn's disease, is related to his service or aggravated by his service-connected PTSD. The VA will obtain an addendum opinion from a qualified examiner.

The Veteran's daughter, J.R.Y., is not considered a child for VA compensation purposes and thus an apportionment of the Veteran's benefits cannot be granted.

The Board denied compensation under 38 U.S.C. § 1151 for submandibular gland excision (claimed as throat damage) due to lack of causation and fault on the part of VA.,The Veteran's service-connected right knee arthroplasty is rated at 30% from August 1, 2013.

The Board has remanded the claims of service connection for HIV and pneumonia as secondary to HIV due to insufficient evidence in the record. The Veteran's HIV is being reviewed based on his reported exposure during active service, but without definitive testing conducted during service.

The Board denied the Veteran's request to waive recovery of an overpayment debt in the amount of $13,908 for VA improved pension benefits due to a finding of bad faith and misrepresentation on the part of the Veteran.

The Veteran's appeal has been dismissed due to their death. The Board does not have jurisdiction to adjudicate the merits of this case.

The Veteran's right shoulder disability is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

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

The Veteran's right leg varicose veins have been granted service connection, but the Board finds that a remand is necessary to consider whether his condition has worsened and to obtain any outstanding private treatment records.

The Board denied the appellant's request for an effective date earlier than February 1, 2017, for service connection for the cause of the Veteran's death. The decision states that the formal claim was received on February 1, 2017, and not within one year of the intent to file a claim in January 2016.

The Veteran's left thumb/palm injury residuals have been rated as a 10 percent disability since November 13, 2019. The rating is effective from that date.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Veteran's appeal for an earlier effective date for additional VA disability compensation due to his marriage is denied. The Board found that the earliest valid claim was filed on January 12, 2019.