Other conditions decisions — 2023

The Board denied a rating in excess of 40 percent for IVDS from October 26, 2022. The Veteran's forward flexion was found to be at worst 10 degrees during flare-ups.

The Board has remanded the claims for service connection for varicose veins of both lower extremities due to insufficient medical opinions addressing whether these conditions are related to active duty, including Gulf War service.

The Board has found the severance of TDIU benefits effective August 1, 2016 to be void ab initio due to procedural errors and has restored entitlement to TDIU benefits.

The Veteran's death benefits claim for the appellant as his surviving spouse was denied because their marriage lasted less than a year prior to the Veteran's death, and no children were born during or before the marriage. The Board found that common law marriage did not apply in this case.

The appeal for service connection of pulmonary embolism is dismissed due to the death of the appellant.

The Board has remanded the claim of service connection for Chronic Lymphocytic Leukemia (CLL) due to a lack of adequate examination and consideration of new evidence submitted by the Veteran.

The Veteran's service-connected unspecified trauma-related disorder is granted a 50 percent rating, but no higher. The Board found that the Veteran's symptoms more nearly approximated occupational and social impairment with reduced reliability and productivity.

The Board has decided that the notification letters regarding eligibility for PCAFC benefits were legally inadequate and there was a pre-decisional duty to assist error. The case is being remanded for proper notice and an adequate medical decision.

The appeal was dismissed due to the death of the appellant before a hearing could be scheduled.

The Board has decided to remand the claim for service connection for tooth condition (chronic grinding of teeth) due to a pre-decisional duty to assist error, requiring an examination and opinion.

The Board has remanded the case due to a duty to assist error regarding the Veteran's service connection for cause of death, specifically his acute myeloblastic leukemia (AML). The AOJ needs to obtain a VA opinion to determine if AML was related to service, including exposure to herbicides.

The Board has decided to remand the case due to inadequate examination and opinion regarding service connection for aortic aneurysm, which is linked to service-connected coronary artery disease (COPD).

The Veteran's appeal is denied as there is no evidence of a claim for an effective date prior to April 30, 2019, for the addition of his child I. to his VA disability compensation award.

The Board denied the Veteran's claims for service connection for left and right upper extremity disabilities, including peripheral vascular disease (PVD) and diabetic neuropathy. The effective dates for service connection were also denied.

The Veteran's status post septoplasty with right nasal bone fracture does not meet the criteria for a compensable disability rating as there is no more than 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side.

The Board has decided that the Veteran's claims of entitlement to service connection for left and right leg conditions are remanded due to outstanding private treatment records and an inadequate VA medical opinion.

The Board has decided to remand the case due to a duty to assist error and the need for an addendum medical opinion regarding the Veteran's claimed seborrheic keratosis.

The Board dismissed the Veteran's appeal for service connection for lung problems, to include bronchitis and hives. The right metatarsalgia and fracture to the right second metatarsal were denied as not related to service.

The Veteran's appeal for medical reimbursement for non-VA treatment on May 23, 2019 is dismissed due to his death.

The Veteran's pancreatic cancer is presumed to be related to herbicide exposure, but a VA medical opinion is needed to determine if it is at least as likely as not that the cancer was caused by such exposure.