Other conditions decisions — 2022

The Veteran's metastatic squamous cell carcinoma of the right tonsil status post radical neck dissection is remanded for further examination and opinion regarding its etiology. The claims for secondary service connection for right arm muscle loss and residuals of fractured right jaw with loss of teeth are also remanded.

The Veteran's 50 percent disability rating for chronic gastroesophagitis status post-surgical fundoplication was restored effective May 1, 2018. The reduction of a separate, compensable rating for the condition was not proper.

The Board has decided to remand the case due to unclear information regarding whether a claim was filed with Medicare for the medical care provided by YRMC on May 16, 2016. The VA needs to determine if such claims were made and obtain any relevant documentation.

The Veteran's claim for an earlier effective date of January 28, 2013 for a 100% disability rating for bilateral eye disability is denied. The evidence from January 28, 2012 to January 27, 2013 does not show any increase in disability that would warrant an earlier effective date.

The Veteran's claim for nonservice-connected pension was denied because he did not provide the necessary information and evidence regarding his income, net worth, and dependency status as requested by VA.

The Veteran's appeal for a compensable rating for bilateral hearing loss has been dismissed due to his death while the appeal was pending.

The Veteran's appeal is being remanded for further development and consideration of his claims for increased ratings for bilateral metatarsalgia, right great toe hallux valgus with hallux rigidus, and left great toe hallux valgus with hallux rigidus.

The Veteran's claim for SMC based on Aid and Attendance was granted effective September 4, 2012. The previous denial of the claim is not considered final because it was followed by a timely notice of disagreement.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's chronic left ear infections. The case is now before the AOJ for further development and consideration.

The Veteran's thoracic strain disability was granted a 20 percent rating effective from May 13, 2014 to September 23, 2017.

The Veteran's right elbow disability is currently rated as 10% for limitation of supination and pronation prior to July 31, 2020, and a rating in excess of 20% thereafter. The Veteran's right elbow flexion has been rated at 10%. The Board finds that the evidence does not support higher ratings under applicable criteria.

The Veteran's right fibula fracture symptoms most nearly approximate malunion of the fibula with marked ankle disability, and a rating of 30 percent is granted for this condition.

The Board has remanded the case due to the need for further medical development regarding the Veteran's use of topical medications and the nature, severity, and size of any scars and disfigurement associated with his actinic keratosis.

The Veteran withdrew their appeal, and the Board dismissed it.

The Board has denied the Veteran's claim for service connection for a bilateral eye condition, claimed as bilateral eye pain, as secondary to his service-connected migraine headache disability. The evidence does not show that the Veteran's eye pain is separate from his migraines and occurs outside of when he experiences migraine attacks.

The appeal was dismissed due to the appellant's authorized representative requesting withdrawal of the appeal prior to a decision being made.

The Veteran's stomach and intestinal problems, including diverticulosis, began during his active service. The Board has found that the evidence is in approximate balance as to whether these conditions arose in service, and after considering all doubts in favor of the Veteran, has granted service connection for his current stomach condition.

The Board has decided to remand the case due to inadequate compliance with prior remands and the need for a new opinion on the nature and etiology of the Veteran's Sjögren's syndrome.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Veteran's claim for compensation under 38 U.S.C. § 1151 was denied because there is no evidence that the VA care in May 1993 caused additional disability, and the retained drill bit fragment did not cause any additional right knee disability.