Other conditions decisions — 2023

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse due to a lack of valid marriage prior to April 2018, despite her belief in common law marriage.

The Veteran's claim for a total disability rating due to individual unemployability due to service-connected disabilities is being remanded due to the need to obtain additional evidence and correct procedural errors.

The Board has granted the Veteran's claim for service connection for a radical hysterectomy, finding that her symptoms were related to physical fitness testing shortly after giving birth.

The Board has decided to remand the Veteran's claim due to a duty-to-assist error, and a new medical opinion is needed to address the nature and etiology of his lower back injury.

The Board denied the Veteran's claim for service connection for a disability manifested by dizziness, finding that there is no current disability and insufficient evidence of continuity of symptomatology.

The Veteran's appeal for PCAFC benefits is dismissed because the eligibility extension for legacy participants means his discharge from PCAFC did not take effect, and he will be reassessed under new criteria.

The Board denied the Veteran's claim for service connection of his neck condition, finding that there was no evidence linking his current diagnosis to his military service.

The Board has granted an earlier effective date of August 21, 2000 for service connection of a heart disability. The Veteran's claim remained pending until the July 2016 decision that granted him service connection.

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

The appeal for the disability rating of an acquired mental disability is dismissed due to the appellant's death.

The Veteran withdrew his appeal for service connection of a left hand disability (now claimed as left thumb). The Board dismissed the appeal.

The Veteran's application for PCAFC benefits was remanded due to incomplete notifications and a legally inadequate medical decision. The case is now pending with the VA to provide proper notification and an adequate medical determination.

The Veteran's claims for TDIU and DEA benefits are remanded due to the need to consider them on an extraschedular basis and because of their inextricability with the TDIU claim.

The Board has remanded the claims for special monthly compensation (SMC) based on a need for aid and attendance and housebound status prior to October 13, 2021 due to lack of a VA examination addressing only service-connected disabilities.

The Board has remanded the claims for service connection for numbness, pain, and tingling in the fingers of both upper extremities due to insufficient evidence regarding the etiology of these symptoms.

The Board denied service connection for colon polyps and groin pain, finding that the evidence did not support a nexus to military service or herbicide exposure.

The Board has decided to remand the Veteran's claim for an increased rating for her service-connected removal of the gall bladder with colonic inertia and gastritis due to a lack of recent medical examination, necessitating a new one.

The Veteran's additional gastrointestinal disabilities, including diverticular abscesses, sigmoidectomy, end-colostomy, and colostomy takedown, were caused by the March 2015 colonoscopy performed at the VAMC in Madison, Wisconsin. The Board found that this procedure aggravated an existing condition.

The Board has decided to remand the case due to inadequate opinions and incomplete evidence. The Veteran's claim for service connection related to periodic fevers, extreme sweating, muscle aches, and fatigue (claimed as malaria) is being returned for further development.

The Board found that the apportionment of $300.00 per month to R.W., on behalf of M.W. and W.W., was not appropriate due to financial hardship, but also noted that the Veteran cannot be found to face hardship on an apportionment of the amount of additional VA benefits received for M.W. and W.W.