Other conditions decisions — 2023

The Board has remanded the claim of service connection for endometriosis due to inadequate VA examination and opinions. A new VA examination is required to determine if any currently diagnosed endometriosis was incurred in or related to service, including considering early manifestations.

The Board has remanded the Veteran's claims for service connection for a sinus condition and a respiratory condition other than asthma and sleep apnea due to unclear opinions regarding the etiology of these conditions.

The Board has remanded the claims for service connection for a stroke, speech disability, and vision disability as secondary to service-connected migraine headaches. The issues are inextricably intertwined with the claim of service connection for stroke.

The Veteran's claim for service connection for anemia and/or hemoglobin deficiency is remanded due to the need for information about the qualifications of the VA examiner who provided a medical opinion in August 2018.

The Board has remanded the claim for service connection for necrotizing gingivitis (periodontal disease) due to a service-connected disability of the trigeminal nerve. The VA needs to obtain and associate with the claims file the completed VHA determination regarding the Veteran's eligibility for outpatient dental care.

The Board denied compensation under 38 U.S.C. § 1151 for a right upper extremity condition following the February 16, 2007 cervical spine surgery due to lack of evidence that the disability was caused by VA care.

The Veteran's service connection for sleep maintenance insomnia is granted, while the claim for respiratory disorder (UARS) remains denied. An increased rating of 30 percent for PLMD of the bilateral upper and lower extremities is also granted.

The Veteran's claim for additional dependency benefits based on his child's school attendance from October 2016 to May 2017 was denied because the application was not filed within one year of the start date of the course of study, and there is no legal authority to waive this requirement.

The Board has remanded the case due to a worsening of urticaria symptoms and requests an additional VA examination during a flare-up.

The Board has remanded the claims for an increased rating for heart disability and a total disability rating due to individual unemployability (TDIU) as there are insufficient opinions regarding the etiology of the Veteran's diagnosed conditions.

The Veteran's appeal is remanded for further development to address the severity of his service-connected bilateral arthritis of the tarsometatarsal joint and whether it should be considered a 'major joint' or a 'minor joint group'.

The Veteran's appeal for additional educational assistance benefits under Chapter 33, Title 38, United States Code was denied because she had already used the maximum allowable months of coverage (45 months and 6 days) under a combination of other VA programs. She is therefore entitled to no more than 2 months and 24 days of additional educational assistance benefits.

The Board denied service connection for a bilateral eye disability, finding that the evidence does not support a link between the Veteran's current conditions and his military service or any related exposures.

The Board denied service connection for a dental disorder, finding that the Veteran does not have a current diagnosis of a dental condition entitled to service-connected compensation benefits due to lack of loss of substance of body of maxilla or mandible.

The Veteran's initial ratings for residuals of left femur open fracture with Muscle Group XVII and XIV symptoms have been denied as they are already at the maximum allowable under the schedular criteria.

The Board has remanded the case for further clarification on whether VSP should be recouped from the Veteran's VA compensation benefits, due to a lack of guidance regarding exceptions and applicable regulations.

The Veteran's upper airways resistance syndrome is currently rated by analogy under Code 6840 based on pulmonary function test (PFT) results. The VA has decided to remand the case for a new examination to assess the current severity of his sleep/respiratory disability.

The Veteran's daughter is being remanded for additional evidence to determine if she was permanently incapable of self-support prior to turning 18 years old.

The Veteran withdrew his appeal, satisfied with the 60 percent rating for complete aphonia with chronic laryngitis.

The Board has granted an effective date of July 29, 2015 for the assignment of a 100 percent disability rating for dementia associated with brain trauma. The evidence supports that the Veteran's condition increased in severity on or about this date.