Other conditions decisions — 2023

The Veteran's appeal to have her VA disability compensation benefits withheld during her incarceration apportioned to her mother is dismissed because she does not have a personal stake in the outcome of the decision.

The Board has remanded the case due to a need for an SOC, and no rating or effective date is assigned.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to a lack of causal relationship between his VA treatment and the additional disability, finding that there was no fault on the part of VA in the treatment provided.

The Board has remanded the case due to inadequate analysis and findings, and a need for further development including obtaining a retrospective VA clinician's opinion on the Veteran's employability.

The Board denied the Veteran's claim for an effective date prior to June 22, 2017, for adding his child as a dependent to his VA disability compensation award.

The Board denied the Veteran's claim for service connection of an acquired psychiatric disorder, specifically schizoaffective disorder, finding that there was no evidence to support a link between his service and his current condition.

The Veteran's right and left elbow lateral epicondylitis, as well as his right rib intercostal muscle strain, are all granted. The right rib intercostal muscle strain is related to an injury incurred during service.

The appeal is dismissed because the appellant died during the pendency of the case, and the Board has no jurisdiction to adjudicate the merits.

The Board has remanded the claims for service connection for sickle cell trait and beta thalassemia due to inadequate VA opinions. The Veteran's sickle cell trait is being examined again, and a secondary service connection opinion on bilateral pes planus must be provided.

The Board has found that there has not been substantial compliance with the previous remand directives and has ordered a new VA examination to determine if the Veteran's mild neurocognitive disorder is related to service or secondary to his service-connected diabetes mellitus.

The Board has dismissed the appeals for higher rating for multiple lipomas and total disability rating based on individual unemployability due to the appellant's withdrawal of his appeal.

The Board denied the Veteran's claim for service connection for bilateral eye cataracts, finding that there was no evidence to support a link between his current condition and his military service. The decision also noted that exposure to ionizing radiation in service did not cause his cataracts.

The Veteran's appeal to terminate the apportionment granted in May 2018 is remanded due to notification issues and hearing rights not being properly addressed.

The Board has ordered a VA colorectal cancer evaluation to determine the relationship between the Veteran's diagnosed colorectal cancer and active service, presumed herbicide agent exposure, presumed Camp Lejeune contaminated water exposure, and/or diabetes mellitus.

The Veteran's claim for service connection for residuals of oral cancer, including loss of half of the tongue and other related surgeries, is granted. The Board also notes that his speech difficulty may be related to his service-connected oral cancer.

The Veteran's service-connected pleurisy was granted a disability rating of 60 percent effective September 5, 1989. Additionally, the Veteran's SMC at the housebound rate for his other conditions was also granted.

The Veteran's bilateral knee conditions have been rated at 10 percent, and the Board has determined that a higher rating is warranted due to additional functional loss not accounted for in the current ratings.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's mitral regurgitation and mitral valve prolapse disability. The Veteran is requested to undergo a VA examination to address these issues.

The Board has determined that further development is needed to verify the Veteran's drill pay during FY 2013 and FY 2014, as well as prepare a paid and due audit of his VA compensation account. The decision will be remanded for these purposes.

The Veteran's initial claim for a higher rating for his hernia condition was denied as there is no evidence of a large ventral hernia, postoperative, not well supported by belt under ordinary conditions from June 7, 2007 to October 20, 2013. From December 1, 2013, the Veteran's postoperative hernia was manifested by healed post-operative wounds without indication for a support belt or weakening of the abdominal wall.