Other conditions decisions — 2023

The Board has remanded the Veteran's claims for right elbow service connection, left knee and right knee increased rating ratings due to inadequate opinions and lack of recent medical records.

Your appeals for service connection for back pain and spinal stenosis, claimed as neck pain, have been dismissed due to the death of the appellant. The Board has no jurisdiction to adjudicate these claims at this time.

The Board has denied reopening and granting service connection for a left leg injury and contusions of the face and chest, as new evidence does not relate to an unestablished fact necessary to substantiate the claims.

The Veteran's gastrointestinal disorder is not service-connected and was denied.,The Veteran's lumbar spine, left lower extremity radiculopathy, erectile dysfunction, right ankle, and left ankle disabilities are all denied as not being related to service or a service-connected condition.

The Board has decided to remand the case due to conflicting medical opinions and the need for additional information regarding the Veteran's PID diagnosis.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's urinary disorder. The case will be returned for further development and consideration.

The Board denied an earlier effective date for the grant of service connection for the cause of the Veteran's death, finding that it could not be assigned prior to August 31, 2010 due to a change in law.

The Veteran's spouse and children were granted apportionment, but the effective date of May 2015 is contested. The Board finds that a remand is required to comply with due process requirements.

The Board has decided to remand the case due to insufficient information regarding whether the Veteran was pursuing advanced training after July 26, 2015. The VA will need to gather additional records and contact relevant parties to clarify this issue.

The Veteran's claim for service connection for left and right upper extremity tremors has been reopened, and a 50% rating is granted. The issues of entitlement to service connection for sleep apnea, TBI residuals, and TDIU are also addressed.

The Veteran's other specified trauma and stress related disorder is rated at 70 percent prior to February 19, 2013, due to occupational and social impairment with deficiencies in most areas.

The Veteran's claim for service connection for oropharyngeal carcinoma, related to his in-service exposure to herbicide agents, is granted. The Board found that the evidence supports a causal link between the Veteran's exposure and his cancer.

The Veteran's claim for service connection for stroke is reopened due to the submission of new and material evidence. However, his secondary service connection claim for stroke related to his bilateral hip disability remains pending as further development is required.

The Veteran's claim for a compensable rating for his service-connected left inguinal hernia repair was denied. The Board found that the evidence did not support a finding of recurrent or unoperated irremediable hernia, and thus no higher rating could be assigned under Diagnostic Code 7338. His TDIU claim from May 31, 2013 is granted.

The Board dismissed the appeal because there is no longer a case or controversy regarding the waiver of recovery of an overpayment of VA compensation benefits.

The Veteran's breast cancer is granted service connection under the PACT Act, which presumes exposure to burn pits and other toxins (BPOT) during her service in Saudi Arabia. The claim for direct service connection based on the August 2018 claim is remanded.

The overpayment of VA compensation benefits for a spouse in the amount of $3,989.00 was properly created; the appeal is denied.

The Veteran withdrew their appeals for separate compensable ratings for urinary incontinence and bilateral leg weakness and numbness, as well as a TDIU.

The Veteran's appeal for a total disability rating due to individual unemployability resulting from service-connected disability (TDIU) is dismissed as the benefit has been granted and an effective date of November 20, 2017 was assigned.

The Board is remanding the case to gather information about the Veteran's income and medical expenses in 2001, as well as his need for aid and attendance. This will help determine if he met all eligibility criteria for a pension prior to November 2013.