Other conditions decisions — 2023

The Board has granted service connection for bilateral hip pain that is secondary to the Veteran's service-connected lumbar spine degenerative joint disease. The issue of entitlement to a TDIU remains pending and will be remanded.

The Board has decided to remand the issues of whether severance for the grant of service connection for right orchiectomy and entitlement to SMC K on account of anatomical loss of a creative organ is proper due to an inadequate medical opinion in the original decision.

The Veteran's gynecological disability rating was reduced from 10 percent to noncompensable, but the reduction is void ab initio due to lack of material improvement. The claim for an increased rating remains pending and a new examination is needed.

The Veteran's claim for service connection for memory loss is being remanded due to concerns about the qualifications of the March 2023 VA examiner.

The Board has remanded the case due to insufficient evidence regarding the Veteran's left foot conditions, including arthritis and strain. The AOJ is instructed to obtain additional service records and seek an opinion from a clinician specializing in orthopedics or podiatry.

The Board denied the claim that the Veteran's cause of death was related to service, including exposure to herbicides and asbestos. The VA examiner concluded that emphysema was not incurred in or caused by service.

The Board denied compensation under 38 U.S.C. § 1151 for right iliac artery hematoma and numbness, pain, and nerve damage of the left leg due to a lack of evidence showing that VA's care caused additional disability.

The Board has remanded the case for further development, including scheduling a VA examination to assess the severity of the Veteran's skin disorder affecting his scalp. The Veteran contends that his condition is more severe than the current evaluation of 10 percent.

The appeal seeking burial benefits was dismissed because the required Notice of Disagreement (NOD) was not properly initiated by a party authorized to do so.

The Veteran's claims for increased ratings for bilateral MTSS were denied. The evidence did not show that the conditions required treatment for more than 12 consecutive months and were unresponsive to conservative measures, which is necessary for a higher rating under current criteria.

The Veteran's non-Hodgkin's lymphoma is presumed to be related to in-service herbicide exposure. However, the AOJ failed to verify his exposure during service, and a remand is required for further investigation.

The Board has dismissed the appeal as the VA Office of Community Care Payment Operations and Management has granted payment for services provided by Baylor All Saints Medical Center for episode of care from May 26, 2019, to May 30, 2019.

The Veteran's appeal is remanded for additional examinations to determine the current severity of his service-connected left hip disability.

The Veteran's application for PCAFC benefits was denied due to a lack of personal care services. The Board finds the decision by VHA is legally inadequate and remands the case for further review.

The Veteran's request for a waiver of indebtedness was granted, making the issue moot and dismissed.

The Veteran's VR&E benefits were discontinued due to non-pursuit of training, and the issue is dismissed as moot.

The appeal is dismissed because the Veteran died, making apportionment of his VA benefits moot.

The appeal was dismissed due to the appellant's death, and no final decision can be made.

The Board has remanded the claims for service connection for ductal carcinoma in situ status post mastectomy and breast cancer, as secondary to service-connected leiomyomata with intermittent recurrent symptomatic ovarian cysts due to a lack of adequate VA medical opinions regarding the Veteran's exposure to estrogen during service.

The appeal is dismissed as the appellant's claim for payment of non-VA medical services provided to the Veteran on February 18, 2020, has been effectively granted through authorization by VA.