Other conditions decisions — 2023

The Board has remanded the case due to incomplete development and need for further medical opinions regarding the Veteran's service connection claim for myelodysplastic syndrome (MDS).

The Veteran's TDIU claim was denied because he failed to complete the required VA Form 21-8940 and provide necessary information about his employment status.

The Board has remanded the case for further development, including obtaining an addendum medical opinion to determine if VA's heart surgery in March 2014 caused additional disability resulting from phrenic nerve injury and whether such disability was due to negligence or lack of informed consent.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to an ileoinguinal nerve injury resulting from a VA surgical procedure, finding that it was not proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by VA.

The Board has dismissed the appeal for a TDIU as it was granted in a prior rating decision. The claims for loss of teeth, TMD, and periodontal disease are denied due to lack of service connection. The claim for an increased disability rating for the scalp scar is also denied.

The Board has remanded the claims for apportionment of disability benefits to the Veteran's daughter J.D.W. due to procedural issues and the need for updated/retroactive expense statements.

The Board has remanded the claims of service connection for retinopathy and entitlement to SMC based on aid and attendance due to loss of use of sight prior to January 27, 2023. The VA is instructed to obtain a medical opinion addressing the etiology of the Veteran's previously diagnosed retinopathy.

The Board has granted the Veteran's claim for service connection for a respiratory disability, currently diagnosed as mixed obstructive and restrictive lung defects with small airway disease. The decision finds that this condition is related to chemical exposure during active duty service.

The Board has determined that there was procedural error in the handling of the appellant's appeal for a TDIU for accrued benefits purposes and has ordered remand to issue an SOC under the legacy appeal system.

The Veteran's lower urinary tract symptoms have been rated at a 40 percent disability rating since the entire period on appeal, with daytime voiding intervals less than one hour and awakening to void five or more times per night.

The Board denied the Veteran's appeal, finding that his discharge from service for the period from November 26, 1986, to December 29, 1988, constituted a bar to VA benefits due to an offense involving moral turpitude.

The Veteran withdrew his appeal regarding special monthly compensation based on the need for aid and attendance, so the case is dismissed.

The Board has decided that the withholding of $1,567 from a retroactive VA benefits payment was improper and has ordered the case to be returned for further action.

The Board has determined that the Veteran's left little finger disability is related to service, resolving all reasonable doubt in his favor.

The Board has remanded the issue of service connection for a dental condition due to insufficient reasoning and lack of adequate medical opinion.

The Board denied the Veteran's claim for service connection for right lung nodules, finding that there is no evidence of a nexus between his current condition and his military service or presumed herbicide exposure. The nodules were found incidentally in 2015 during a VA registry examination.

The Veteran's claims for service connection for a respiratory condition, to include bronchospasms with chest pain and shortness of breath, and astigmatism have been denied.,Service connection was not established as the objective medical evidence did not show a current diagnosis for these conditions.

The Veteran's appeal was dismissed due to their death, and no jurisdiction remains for the Board to consider the merits of the case.

The Board has remanded the case due to inadequate reasons or bases in denying entitlement to TDIU, specifically regarding the Veteran's mucous colitis and DOT medical records. The VA is instructed to attempt to obtain relevant records from the Department of Transportation (DOT) and any updated VA treatment records.

The Board denied the Veteran's claim for service connection for a dental disorder, finding that his loss of teeth was due to poor oral hygiene and routine dental maladies rather than in-service treatment.