Other conditions decisions — 2023

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the presence of current disabilities and their relationship to service. The case will be returned for further development.

The Board denied benefits for spina bifida because the appellant does not have a diagnosis of spina bifida and her mother is not a Vietnam Veteran.

The Veteran's peripheral artery disease is granted as service connected due to exposure to herbicide agents, specifically Agent Orange. The Board found the evidence supports a direct causal relationship between his current condition and his in-service exposure.

The appeal was dismissed due to the appellant's death, and no service connection issues were decided.

The Veteran's claims for higher ratings for his left elbow disabilities, including extraschedular consideration, are denied. He is currently properly compensated with a 10 percent rating prior to February 24, 2007, and a 20 percent rating thereafter for degenerative arthritis and limitations in supination and pronation; a 10 percent rating for limitation of flexion from February 23, 2015, and a 20 percent rating from May 3, 2022; and a 10 percent rating for limitation of extension from October 6, 2021.

The Board has remanded the Veteran's claim for an ovarian and/or nabothian cyst, to include as secondary to a service-connected C-Section scar, due to insufficient opinions regarding the etiology of the dermoid and nabothian cysts.

The Board denied the Veteran's claim for an apportionment of his VA disability compensation in favor of his spouse, finding insufficient evidence to support her claims regarding residency and financial hardship.

The Board has decided to remand the case due to inadequate medical opinions regarding the nature and etiology of the Veteran's extrinsic respiratory defect, which is claimed as chronic wheezing and breathing problems. The Veteran contends his condition started during service in Kuwait with sandstorms and shortness of breath.

The Veteran's brain cancer is granted service connection.,Service connection for the neurological condition of the bilateral lower extremities, including leg edema, and the neurological condition of the left upper extremity, including arm edema, are also granted as secondary to his service-connected brain cancer.,Service connection for the neurological condition of the right upper extremity is remanded.

The Veteran's initial compensable rating for left hip disability, limitation of extension is denied. A 10 percent rating for the same condition prior to January 7, 2021, and a 10 percent rating since that date are granted.

The Veteran's claim for a compensable rating for his service-connected left gatekeeper's thumb is remanded due to the need for a new examination to assess the current severity of his condition.

The Board denied the appellant's request for an effective date prior to May 28, 2015, for the grant of Survivors Pension benefits due to a lack of written communication expressing intent to apply for benefits.

The Board has decided to remand the case for further development and opinion regarding the Veteran's left hip degenerative joint disease, including its etiology and whether obesity is an intermediate step between his service-connected disabilities and this condition.

The Board has dismissed the appeals for a rating in excess of 10 percent for chronic conjunctivitis and dry eye syndrome, and an initial rating of 20 percent prior to November 10, 2011, for neuralgia of the left lower extremity.

The veteran does not meet the service requirements for pension benefits as he did not serve for at least 90 days and was not discharged due to a service-connected disability.

The Board dismissed the appeal as the Veteran's waiver request was granted in full, and there is no outstanding debt for which a waiver could be applied.

The Board has determined that the claims for service connection for left-hand disability, hernia above left testicle, and abdominal pain are remanded due to inadequate examination opinions. The TDIU claim is also remanded as it is inextricably intertwined with these other claims.

Your service-connected TDIU benefits provide a greater benefit than the nonservice-connected pension you are seeking. Therefore, your claim for nonservice-connected pension is dismissed.

The Board denied the Veteran's claim for service connection for sebaceous cysts, finding no evidence of a relationship to service or any other compensable period.

The Board has remanded the case due to non-compliance with prior remand directives and insufficient evidence to decide the claim. The Veteran is advised of an additional opportunity for a VA examination.