Other conditions decisions — 2023

The Board has determined that all necessary procedural steps have not been completed for the appeal of the apportionment of VA compensation benefits to the Appellant. The case is being remanded to ensure compliance with special contested claims procedures and to obtain financial information from the Veteran.

The Veteran's appeal regarding the removal of his former spouse, O., from his VA award is denied. The effective date for this adjustment will remain May 1, 2003.,The Veteran's appeal to add his daughter, N., as a dependent to his VA award is denied. The effective date remains December 23, 2013.

The Board has dismissed the issues of whether VA provided a prior individual authorization for non-VA hospitalization and entitlement to payment or reimbursement of unauthorized medical expenses. The VHA reversed its previous denial, and the Veteran's claim was approved.

The Veteran's appeal for payment or reimbursement of medical expenses incurred in April, September 2003 at Bloomington Hospital was dismissed as the original denial was overturned and reimbursement was made.

The Board has decided to remand the cases for further action, including scheduling a VA hip examination and addressing an October 2012 VA treatment record.

The Board has remanded the cases of service connection for hiatal hernia, colon polyps, and an increased rating for GERD due to incomplete compliance with previous remand instructions.

The Board has decided that a new VA examination is needed to determine if the Veteran had cellulitis of the right lower extremity at any time during the appeal period, and whether it began in or is otherwise caused by his active service.

The Board granted a 10 percent disability rating for the service-connected right hip disability due to limitation of flexion from April 13, 2009 through July 13, 2021. The appeal for an increased disability rating in excess of 10 percent for the service connected right hip disability was denied.

The Board has remanded the claims for service connection for abdominal or bladder pain and urinary frequency, as well as an increased rating for right index finger due to inadequate examinations and procedural issues.

The Board has remanded the case due to inadequate medical opinions and further development is needed to determine if the Veteran's TMJ condition was caused by a November 2013 VA procedure.

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse for purposes of DIC benefits due to not meeting the legal criteria, including a one-year marriage requirement and lack of knowledge of any legal impediments.

The Veteran's death from pulmonary fibrosis is presumed to be service-connected due to his service in the Southwest Asia theater of operations during the Persian Gulf War. The PACT Act allows for reconsideration of previously denied DIC claims, and the claim is granted based on this presumption.

The Board denied service connection for ulcerative colitis and proctitis, finding that the evidence does not show these conditions initially manifested in service or are otherwise causally related to the Veteran's service.

The Veteran's initial compensable rating for basal cell carcinoma of the skin, back and neck, and squamous cell carcinoma to the right external ear is denied as his condition does not meet the criteria for a compensable rating under Diagnostic Code 7818.

The Veteran's request to reopen his claim for service connection for a neck condition was denied because the new evidence submitted did not raise a reasonable possibility of substantiating the claim.

The Veteran's service-connected disabilities, including legal blindness and central nervous system infections, prevented him from securing or maintaining full-time, competitive employment as early as July 1989. The Board granted TDIU with an effective date of July 5, 1989.

The Board has remanded the case due to insufficient medical opinions and need for further development, including a VA examination.

The Board denied service connection for autoimmune disorders, including Crohn's disease, and gastrointestinal disabilities due to lack of evidence linking these conditions to active service. The Veteran's claims were also remanded for further action on other issues.

The Board has denied the Veteran's claims for service connection for left hand and fingers excepting the thumb, as well as right fingers. The Board found that there is no evidence linking current diagnoses to in-service injuries or diseases.

The Veteran's right and left lower extremity PVD have been manifested by diminished peripheral pulses but without claudication on walking, ischemic limb pain at rest, deep ischemic ulcers, ankle/brachial index (ABI) of 0.9 or less, ankle pressure (AP) of 99 mm Hg or less, toe pressure (TP) of 59 mm Hg or less, or transcutaneous oxygen tension (TcPO2) of 59 mm Hg or less at any point during the appeal period. As a result, the Veteran's claim for compensable ratings for RLE and LLE PVD has been denied.