Other conditions decisions — 2023

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that she was not married to him at the time of his death and thus did not meet the criteria for a surviving spouse under VA regulations.

The Board granted an effective date of March 1, 2019, for the grant of a 40 percent disability rating for chronic prostatitis. The Veteran's claim was based on his submission of an intent to file (ITF) dated March 1, 2019, followed by a supplemental claim application within one year.

The Veteran's VR&E benefits under Chapter 31 were denied because she was using her Post-9/11 GI Bill (Chapter 33) benefits for culinary arts training, making it ineligible to receive VR&E benefits concurrently.

The Board has remanded the case due to new evidence submitted within one year of a previous denial, and the Veteran's claim for service connection for throat cancer at base of tongue remains pending.

The Board has remanded the case due to the need for an addendum opinion regarding whether the Veteran's right eye conditions are proximately due or aggravated by service-connected chorioretinal scar, and if choroidal nevus is a congenital defect.

The Veteran's claim for service connection for chronic constipation is granted. The Veteran's claim for service connection for chronic cough is denied.

The Board has remanded the claims for service connection due to inadequate VA examination and lack of determination regarding eligibility for outpatient dental treatment. The appellant's dental disability, including maxillary deficiency, is likely related to his military service in Vietnam.

The Veteran's initial claim for a higher rating for his neck disability was denied. The Board found that the evidence did not show forward flexion of the cervical spine less than 15 degrees or favorable ankylosis, which are required for a higher rating.

The Board has decided to remand the case due to a lack of documentation related to the $3,000.00 advanced payment in VA education benefits.

The Board has remanded the case for further development and review due to insufficient opinions regarding the etiology of the Veteran's left hip disorder, including whether it is related to service or secondary to his service-connected back and/or bilateral knee disabilities.

The Board found that the Appellant's character of discharge was due to willful and persistent misconduct, resulting in a discharge under other than honorable conditions. The appeal is granted as this does not constitute a bar to VA compensation benefits.

The Veteran's TDIU claim is being remanded due to the need for further development and consideration of his service-connected disabilities, including their impact on his ability to work as a janitor.

The Board has remanded the case due to insufficient evidence regarding the Veteran's bilateral elbow disorder, including private treatment records and an addendum medical opinion.

The Board has remanded the Veteran's claims for cardiovascular and respiratory disorders due to potential secondary service connection, as well as for a new VA examination to determine the etiology of these conditions.

The Veteran's claim for an earlier effective date for the addition of his spouse as a dependent was denied because he did not provide proof of dependency within one year of being notified of the qualifying rating decision, which occurred on February 11, 2015. The earliest possible effective date is June 1, 2017.

The Veteran's dependent child, J.T., has already been recognized for additional VA disability compensation benefits. The appeal is dismissed as the issue has been resolved.

The Board has granted service connection for residuals of a nasal injury, including deviated septum and/or nasal fracture, finding that the Veteran's current condition is related to his in-service injury.

The Veteran's right calf, left calf, and muscle pain disabilities are granted as service connected. The Board has also remanded the issue of service connection for a left knee disability.

The Veteran's appeal is remanded due to the need for additional development, including obtaining a Goldmann visual field chart from his March 2008 VA eye examination.

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