Other conditions decisions — 2023

The Board has remanded the case due to a duty to assist error and failure to obtain an addendum VA medical opinion regarding the nature and etiology of the Veteran's pulmonary fibrosis. The AOJ is required to determine the specific nature and extent of the Veteran's conceded TERA related to his MOS as a textile and leather repairman, including by asking the Veteran to describe the nature and extent of exposure to any toxic substances in the course of his MOS duties. Additionally, an addendum VA medical opinion is needed to determine if the Veteran's current pulmonary fibrosis is etiologically related to his conceded, MOS-related TERA.

The Veteran's claim for a TDIU due to service-connected disabilities is being remanded as the evidence suggests he has not been able to work since April 2022 and his service-connected conditions prevent him from sustaining gainful employment. The case will be referred to the Director of Compensation Service for extraschedular consideration.

The Board has decided that the Veteran's claim for service connection for restless leg syndrome should be remanded due to a duty to assist error. The case will be returned to the AOJ for an adequate medical examination and opinion regarding whether the condition is related to service or secondary to posttraumatic stress disorder.

The Veteran's claim for a compensable rating on and prior to May 7, 2019, for left pneumothorax residuals is being remanded due to the need for further evaluation of respiratory function.

The appeal for PCAFC benefits is dismissed due to the Veteran's death, making initial eligibility impossible.

The Veteran withdrew his appeal, so the case is dismissed.

The Board has denied service connection for a torn bicep tendon, right and remanded the claim of entitlement to compensation under 38 U.S.C. § 1151 for left hip surgery due to a lack of evidence connecting the disability to service.

The Board has granted service connection for the Veteran's bilateral foot condition, including immersion foot syndrome, finding that it is at least as likely as not related to his active-duty service in Vietnam.

The Veteran's claim for service connection for colon cancer, including as due to asbestos exposure, is denied. The Board found that the evidence does not support a direct link between the Veteran's current condition and his in-service exposure.

The Veteran's application for increased benefits under the PCAFC was denied, and a remand is required due to an inadequate medical opinion.

The appeal seeking continuation of eligibility for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) has been dismissed due to the appellant's withdrawal.

The Board dismissed the appeal because the October 2016 VA notification letter did not constitute a decision by VA and thus, there was no valid Notice of Disagreement filed.

The Board has granted service connection for a major vascular neurocognitive disorder. The remaining issues, including increased ratings and SMC awards, are remanded due to the need for additional medical opinions and the retrieval of SSA records.

The Board has remanded the case for a VA medical opinion to determine if the Veteran's cause of death was caused by or contributed to by his service-connected disabilities.

The Board has granted the Veteran's claim for service connection for a back disability, diagnosed as multi-level degenerative joint and disc disease, finding that it is at least as likely as not related to his in-service muscle strain injury.

The Board has remanded the case due to a failure by the AOJ to address the claim for accrued benefits for a dependency allowance for the Veteran's spouse. The appellant must be given an opportunity to appeal this issue.

The Veteran's claim for service connection for a brain aneurysm and hypertension is denied. However, the Veteran's claim for hypertension is granted on a presumptive basis due to exposure in Vietnam under the PACT Act.

The Veteran's initial noncompensable rating for chronic lymphocytic leukemia is being remanded due to inconsistencies in the VA examination report and missing records. The AOJ must seek clarification from the examiner, obtain additional treatment records, and schedule a new VA examination.

The Veteran's appeals for initial compensable ratings for limitation of flexion and extension of the left hip have been dismissed due to his withdrawal of the appeal.

The Board has granted the Veteran's claim for service connection for left hand trigger finger and pain, finding that the evidence is approximately evenly balanced as to whether these conditions began during active service.