Other conditions decisions — 2022

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) was dismissed as he withdrew his appeal in June 2022.

The Board has decided to remand the case due to a lack of a VA medical opinion prior to the rating decision on appeal. The appellant seeks service connection for the cause of her husband's death, which is presumed due to his in-service exposure to Agent Orange.

The Veteran's appeal of his entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) has been withdrawn by his attorney. The Board dismissed the appeal as a result.

The appellant requested to withdraw her appeal for apportionment of the Veteran's VA disability benefits, and the Board dismissed the appeal.

The Veteran's appeal is remanded due to a failure to obtain relevant private treatment records from the Mayo Clinic. The Board will request these records and document all efforts made.

The Veteran's death prevented the establishment of PCAFC benefits, as eligibility was not established before his passing. The appeal is dismissed.

The Board has decided that the Veteran's discharge from the PCAFC program was improper and remanded for further evaluation under the correct statutory criteria.

The Veteran's appeal for a TDIU prior to December 18, 2017 is remanded due to pre-decisional errors in the duty to assist. The AOJ must clarify the Veteran's income and any accommodations provided by him as his own supervisor.

The Board has granted an effective date of February 27, 2019 for the award of survivor's pension benefits with special monthly pension. The decision is based on the Appellant's timely submission of a completed application form for survivor's pension benefits within one year of her intent to file.

The Board has decided to remand the case due to insufficient evidence and a need for an updated VA opinion regarding the Veteran's right eye condition.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's breathing condition, including whether it is related to asbestos exposure during service.

The Board has remanded the case due to inadequate VA examination, and now requires an addendum opinion from a clinician regarding whether the Veteran's service-connected disabilities cause or aggravate his obesity, which in turn causes sleep apnea.

The Board has decided that the discontinuation of the TDIU award from January 1, 2004, through December 31, 2013 was improper and has ordered a remand to obtain missing records.

The Veteran's frequent urination/polyuria is granted service connection, and he also received increased ratings for his diabetes mellitus, type II, bilateral cataracts, open angle glaucoma, ischemic optic neuropathy, and vision difficulties. The Veteran also received a separate rating for peripheral neuropathy of the left upper extremity from January 10, 2020 onwards.

The Board denied the Appellant's claim for an extension of the delimiting date beyond May 5, 2013, for DEA benefits under Chapter 35, Title 38 U.S. Code.

The Veteran's left intercostal muscular strain is rated at a 10 percent disability rating, effective February 19, 2021. The appeal for an increased rating was granted.

The Board denied the Veteran's claim for service connection of TMJ disorder due to a lack of current diagnosis and failure to establish a link between in-service injury or disease and the current condition.

The Board has denied the Veteran's claims for service connection for hallux valgus of both feet and congenital hypertrophy of the retinal pigment epithelium (claimed as blurred vision) due to lack of evidence showing a relationship between these conditions and his military service.

The Board found that the overpayment of an additional VA compensation benefit created after removal of a dependent spouse was properly created, and thus denied the Veteran's appeal.

The Board has remanded the Veteran's claims for further development due to scheduling issues and a missed VA examination.