Other conditions decisions — 2022

The Veteran's appeal is being remanded for additional development, including obtaining VA and outside treatment records since September 2021, attempting to obtain SSA disability records, and scheduling the Veteran for an examination to assess his service-connected digestive condition and ventral hernia.

The Veteran's appeal is remanded due to a lack of recent medical evidence and the need for another VA examination to assess the severity of his hyperalgesia of the left trigeminal nerve.

The Board has remanded the case due to inadequate review of the claims file and the need for additional opinions regarding the cause of the Veteran's death, specifically addressing potential links between Alzheimer's disease, hearing loss, and cardiac arrest.

The Veteran's death benefits claim for the appellant as his surviving spouse was denied due to her divorce from him more than a year prior, and there is no evidence of a common-law marriage. The Board found that the appellant did not hold herself out legally as his wife after their divorce.

The Board denied the Veteran's claim for service connection for uterine fibroids, status post myomectomy due to lack of a causal relationship between her current condition and active duty service. The Veteran also had an unsuccessful appeal for special monthly compensation based on loss of use of a creative organ.

The Veteran's skin condition is rated under diagnostic codes for scars, and the Board has found no unretouched color photographs of his condition. The case is being remanded to obtain such photographs or determine if they are necessary.

The Veteran withdrew his appeal for a temporary 100 percent evaluation for left hip surgery, based on the need for convalescence. The Board dismissed the appeal as a result.

The Board has found that there has not been substantial compliance with the previous remand directives and another remand is needed. The Veteran's bilateral blepharoconjunctivitis was previously rated at 60 percent for atopic dermatitis, but an addendum opinion is needed to address whether his atopic keratoconjunctivitis results in an incapacitating episode under revised criteria based on the use of immunosuppressant medication and whether it is a separate skin condition warranting a separate rating.

The appeal was dismissed due to the Veteran's death, and no final decision can be made.

The Board has determined that a remand is necessary to obtain a new VA examination for the Veteran's service-connected right fifth finger disability and to address his claim for TDIU. The current examinations do not comply with the requirements of Sharp v. Shulkin, 29 Vet. App. 26 (2017), and Correia v. McDonald, 28 Vet. App. 158 (2016).

The Veteran's right knee patellofemoral pain syndrome is currently rated at 10 percent, and a separate 10 percent rating for recurrent subluxation/instability associated with the condition has been granted.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's prostate condition and his service, including any herbicide exposure. The case will be reviewed with an addendum VA opinion.

The Veteran's appeal of an earlier effective date for service connection was withdrawn.,The claim for a higher rating for other specified trauma and stressor related disorder is dismissed as the symptoms do not meet the criteria for a disability rating higher than 30 percent.

The Board has remanded the Veteran's claims for right and left Achilles tendonitis, as well as his TDIU claim due to VA not complying with its duty to assist under the requirements of 38 U.S.C. § 5103A and 38 C.F.R. § 3.159(c).

The Veteran's claims for service connection for left calcaneal spur and bilateral hammertoes have been granted. The claim for secondary service connection of the hammertoes to his service-connected conditions has also been remanded.

The Board denied service connection for right and left arm disorders, finding that the evidence did not support a relationship to service or any other condition.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to non-compliance with previous instructions. The case is now referred to VA's Director of Compensation Service for extraschedular consideration.

The Board has decided to remand the Veteran's claim for compensation under 38 U.S.C. § 1151 due to insufficient development and need for additional medical opinions.

The Board has determined that the veteran's claim for a special home adaptation grant is moot because they have already been granted assistance in acquiring specially adapted housing.

The Veteran's appeal is being remanded for consideration by the agency of jurisdiction (AOJ) to determine what, if any, expenses for his July 31 to August 7, 2013, hospitalization at HSCMH were paid by AARP or Medicare. The AOJ must then readjudicate the appeal in accordance with VA's payment limitations.