Other conditions decisions — 2023

The Board has decided that the Veteran's skin disability began during active service and grants service connection for it. The other issues are remanded due to need for additional development, including VA examinations.

The Veteran's attorney is contesting the denial of attorney fees based on a September 2017 rating decision. The case must be remanded to ensure compliance with special procedural regulations for contested claims.

The Board has decided to remand the case due to incomplete information regarding a dependent child and missing Social Security income records. The Veteran's address needs to be confirmed, and information about his stepchild's schooling status is required.

The Veteran's claims for compensable evaluations for left and right leg shin splints are being remanded due to the need for additional evidence and a new examination.

The Board has determined that additional procedural steps, including development of the evidence, are necessary before the apportionment issue can be adjudicated.

The Board denied service connection for a bilateral hip disorder, finding that the Veteran's arthritis did not manifest within one year after separation from service and there was no continuity of symptomatology. The Board also found that direct service connection is not warranted due to lack of evidence of chronic in-service condition or early diagnosis.

The Board has determined that the Veteran's damaged reproductive organs disability, including fallopian tube removal, is related to her in-service appendectomy and grants service connection for this condition.

The Board has decided to remand the claims for service connection for left lung, right eye injury, and dyspnea due to outstanding VA and private medical records not being obtained. The AOJ will attempt to obtain these records.

The Veteran's service-connected great right toe degenerative joint disease, status post fracture, is granted a rating of 20 percent.

The Veteran's claim for a higher disability rating for his adenocarcinoma of the right upper lung is being remanded due to additional relevant evidence that has not yet been considered by the RO.

An initial 50 percent rating is granted for the period prior to December 19, 2019, and a denial of ratings in excess of 50 percent for the period from December 19, 2019. The effective date for service connection remains June 4, 2018.

The Veteran's claims for increased ratings for his service-connected right foot disability due to Morton's disease, right foot disability due to flatfoot (pes cavus), left foot disability due to Morton's disease, and left foot disability due to pes cavus have been denied. The claim for a total disability rating based on individual unemployability has also been denied.

The Board has ordered the VA to obtain specific records related to a warrant issued in July 1995 and determine if the Veteran violated parole for a felony offense. The case is being remanded to allow for these actions.

The Board has remanded the case due to inadequate compliance with previous remand directives regarding the issues on appeal, specifically a VA examination and eliciting a full history from the Veteran. The Veteran's respiratory disability is being remanded for further evaluation.

The Veteran's overpayment of VA compensation benefits is being remanded for the AOJ to issue a Statement of the Case (SOC) allowing the Veteran an opportunity to perfect his appeal.

The Veteran's cause of death is remanded for further development, as are the claims for dependency and indemnity compensation and burial benefits. The AOJ must notify the appellant that records from Eastern Oklahoma Orthopedic were unable to be obtained.

The Veteran's appeal of her claim for a higher evaluation for panic disorder was dismissed due to the withdrawal of her attorney.

The Board denied a compensable rating for the Veteran's occipital nerve injury residuals, finding that the predominant disability picture included only mild sensory symptoms such as pain and paresthesias, which do not more nearly approximate the criteria for moderate incomplete paralysis.

The Board has remanded the case due to inadequate evidence regarding whether the Veteran requires aid and attendance of another person or is housebound due to his service-connected disabilities. The VA must schedule a VA Aid and Attendance/ Housebound Examination.

The Board denied the Veteran's claim for service connection for malaria residuals, finding that there was no preexisting condition of malaria and no current disability or aggravation during service. The evidence did not support a diagnosis of malaria at any time.