Other conditions decisions — 2022

The Board has vacated its February 2020 decision and remanded the case due to deficiencies in VA's duty to assist. The Court identified gaps in the medical record between January 1995 and September 1998, which may require a retrospective opinion.

The Board has remanded the case due to a need for additional VA examination and records review to determine if the Veteran's right lower leg condition is related to service, including an injury in June 1991.

The Board has remanded the case due to the need for a VA examination to assess the nature and etiology of the Veteran's neck condition, which he contends is related to service.

The Board denied the appellant's request to be recognized as the Veteran's surviving spouse, finding that the September 2006 decision did not contain clear and unmistakable error.

The Board denied both the claim for service connection and the claim for compensation under 38 U.S.C. § 1151 for residuals of cyst removal on spinal area, finding no link between the Veteran's condition and his military service or exposure to herbicides.

The Veteran's claims for higher ratings for left elbow medial epicondylitis with limited flexion and extension were denied as the evidence did not show that his symptoms warranted a rating in excess of 10 percent or 20 percent, respectively.

The appeal regarding TDIU was dismissed due to the Veteran's death. The Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has granted the appellant's claim for accrued benefits in excess of $11,989.00, which includes reimbursement for expenses related to the Veteran's last sickness and burial as well as unpaid creditors' debts.

The Veteran's death was not due to a service-connected condition, and the appellant is not eligible for DIC or accrued benefits as she does not meet the eligibility criteria.

The Veteran has withdrawn all issues currently on appeal, including the claims for respiratory and neck conditions. As a result, the Board dismisses these matters.

The Board has remanded the claims for service connection of right and left foot disorders due to a lack of substantial compliance with previous remand directives.

The Board has remanded the case due to incomplete compliance with a previous remand directive. The Veteran's chronic left scrotal pain is likely caused by ilio-inguinal nerve pathology related to his service-connected inguinal hernia repair.

The Board denied the Veteran's claim for service connection for a gallbladder disorder; status post cholecystectomy, finding that there was no evidence linking his current condition to his military service or radiation exposure.

The Veteran's claims of increased ratings for left elbow disability, limitation of flexion and extension, and supination and pronation impairment are remanded due to the inextricability with the claim for service connection for gout.

The Board has dismissed the appeals for GI tract/ulcers disorder and rectal polyps, and has remanded the case for further development regarding sleep apnea.

The Board has remanded the case due to inadequate examination in January 2020. A new examination is required to determine if a jaw disability existed during the appeal period and whether it arose during service.

The appeal was dismissed due to the appellant's death.

The Board found that the appellant's undesirable discharge from service, granted in lieu of facing a General Court Martial, constitutes a regulatory bar to VA benefits. The appeal is denied.

The Veteran's PVD, right lower extremity, was productive of claudication on walking between 25 and 100 yards on a level grade at 2 miles per hour, and trophic changes or ankle brachial index (ABI) of 0.7 or less prior to September 16, 2021. From September 16, 2021, the Veteran's PVD was productive of claudication on walking less than 25 yards on a level grade at 2 miles per hour, and either persistent coldness of the extremity or ABI of 0.5 or less. The Board found that a higher rating is not warranted throughout the appeal period.

The Veteran's TDIU claim is granted, but his rating for myasthenia gravis remains denied. The Board has found the Veteran's service-connected disabilities prevent him from securing or following any substantially gainful employment and remanded for additional examinations to assess upper and lower extremity muscle weakness and difficulty swallowing.