Other conditions decisions — 2023

The Veteran's dysphagia is granted as secondary to his service-connected cervical spine disability. The issues of separate ratings for bilateral lower extremity radiculopathy and TDIU are remanded.

The Board has granted service connection for the Veteran's skin rash, finding that it was aggravated by his service-connected major depressive disorder with psychotic features.

The Board finds that additional development is required due to a duty to notify error and insufficient notice on what was needed to substantiate the claim. The threshold elements of whether the Appellant is considered a surviving spouse, whether the Veteran's service meets the requisite period, and whether it was during wartime have not been addressed.

The Veteran's claim for service connection for a right eye disorder is reopened due to the submission of new and material evidence. The case is remanded for further development, including obtaining medical opinions regarding the nature and etiology of any right eye disorders.

The Veteran's TMD required mechanically altered food, and the Board granted a disability rating of 50 percent for this condition. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.

The Board denied the Veteran's appeal contesting an increased apportionment amount of his VA benefits to his estranged spouse, P.P., from October 2014 through May 2017. The decision found that a special apportionment was warranted due to financial hardship demonstrated by the appellant and not contested by the Veteran.

The appeal was dismissed because the appellant's authorized representative requested withdrawal of the appeal prior to a decision being made.

The Board has determined that the Veteran's left occipital neuralgia was incurred in or caused by service, and thus granted service connection for this condition.

The Veteran's appeal has been dismissed because the appellant withdrew their appeal prior to a decision being made.

The claim for accrued survivor's pension benefits was denied because the appellant did not file his application within one year of his mother's death, despite having received notice of the deadline.

The Board has decided to remand the cases for additional development due to outstanding VA and/or private treatment records related to the Veteran's service connection claims.

The Veteran withdrew his appeal regarding his claim for a total disability rating based on individual unemployability (TDIU). The Board has dismissed the appeal as it is not related to service connection issues.

The Board found that the evidence is in relative equipoise as to whether the Veteran's psoriatic arthritis resulted from his service, specifically his deployment during the Gulf War. Service connection for psoriatic arthritis was granted.

The Veteran's claim for service connection of a psychiatric disability, including schizoaffective disorder, was denied as the effective date cannot be earlier than September 25, 2015.

The Board granted payment or reimbursement for authorized medical expenses incurred at Riverside Radiology, PLLC on April 2, 2018 due to pre-authorization of the care and a concession by VA's Payment Operations & Management Office (POM).

The Board denied service connection for a meningioma and the cause of the Veteran's death due to lack of evidence supporting a nexus between the conditions and service, including herbicide exposure.,The Board found that the Veteran's meningioma did not have its onset during service and was more likely caused by known risk factors such as age and alcohol abuse.

The Veteran's former spouse, P.R., and his daughter, R. R., are seeking apportionment of the Veteran's disability compensation benefits prior to November 17, 2014.,Both spouses were still married at that time, but the appellant is not eligible for apportionment as of November 17, 2014.

The Board has decided to remand the case due to the need for additional development of the record, including obtaining SSA disability benefits records and arranging for an addendum advisory medical opinion.

The Veteran's cataracts are currently diagnosed, and he claims they were caused by ionizing radiation exposure during his service. The Board finds the previous VA examination inadequate due to incomplete information about his in-service radiation exposure history and fails to consider all relevant factors as required under 38 C.F.R. § 3.311(e). Remand is required for a new VA examination and medical opinion.

The Board has directed the AOJ to provide both parties with copies of each other's substantive appeals and request updated financial information. The case is being remanded for these actions.