Other conditions decisions — 2023

The Board has granted service connection for a right foot injury but has remanded the claim of service connection for a neck condition due to a pre-decisional duty to assist error.

The Veteran's service-connected psychiatric disorders, specifically his other specified trauma and stressor related disorder with alcohol use disorder, have rendered him unable to secure or follow substantially gainful employment due to his inability to establish and maintain good working relationships, manage anger and irritability, and perform work tasks efficiently.

The Veteran's right and left foot hammer toes are currently rated at the highest available schedular rating (10%) under Diagnostic Code 5282, which only applies to hammer toe disabilities. Therefore, an increased rating is not warranted.

The Board denied an earlier effective date for a 40 percent disability rating for the Veteran's service-connected back injury, finding that no earlier increase in disability occurred within one year prior to September 3, 2019.

The Board has determined that the Veteran's claim for an earlier effective date of TDIU was not timely appealed and thus, the December 2014 Rating Decision implicitly denied the claim. The Veteran's claim for increased rating for his mental health disability included a reasonable inference for a TDIU claim, which was also denied in the same decision.

The Board has dismissed the appeal because the Veteran's request for a Covid-19 extension was granted, rendering the appeal moot.

The Veteran's other specified stressor and trauma-related disorder was rated at 30 percent disabling from December 10, 2014, to January 8, 2017. From January 9, 2017, the rating increased to 70 percent.

The Veteran's NASH liver condition is currently rated at 30 percent, and the Board has determined that a higher rating in excess of 30 percent is not warranted based on the evidence provided.

The Board has determined that the February 2021 decision denying eligibility for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) is legally inadequate and requires remand. The Veteran was not provided adequate notice regarding the basis for the denial, and a new medical determination from the Centralized Eligibility and Appeals Team (CEAT) is needed to determine if he meets eligibility criteria.

The Board has decided to remand the case due to a pre-decisional duty to assist error, and the appellant should be reassessed by a VRC to determine if additional education is warranted for his proposed vocational goal of practicing and teaching pediatric dentistry.

The Veteran withdrew his appeal seeking recognition of S.D. as the helpless child of the Veteran during a hearing before the Board, thus dismissing the appeal.

The Board has granted the Veteran's claim for service connection for rhabdomyolysis, finding that it is related to his active-duty service.

The Board denied the Veteran's claim for service connection for a bladder condition, finding that there is no evidence of a current diagnosed bladder condition other than his already service-connected obstructed urethra and penoscrotal fistula status post urethroplasty.

The VA has removed the Veteran's drill pay adjustments for fiscal years 2017 and 2018, and all withheld amounts have been returned to the Veteran. The appeal is dismissed as moot.

The appeal for PCAFC benefits is dismissed due to the Veteran's death.

The appeal for TDIU has been dismissed as the issue was already addressed in a previous rating decision and is now on remand status.

The Board has determined that a remand is necessary to clarify the Veteran's current mesenteric adenitis infection and its relationship to his service or service-connected conditions.

The Board has granted the Veteran's claim for service connection for an acquired psychiatric disability, diagnosed as schizoaffective disorder with depressive and psychotic symptoms, secondary to her service-connected migraine headaches. The evidence supports that the Veteran's mental health issues were aggravated by her migraines.

The Veteran's death is being reviewed for DIC under 38 U.S.C. § 1151 due to alleged negligent care during a gastric surgery at the Tucson VA Medical Center. The Board has ordered additional development, including obtaining missing informed consent documents and autopsy reports.

The Veteran's claim for recognition of R.D. as his child for the purpose of additional dependency compensation on the basis of permanent incapacity for self-support prior to attaining age 18 is being remanded due to incomplete records and potential disability determinations by SSA.