Other conditions decisions — 2023

The Board has remanded the case due to inadequate examination reports and the need for a retrospective opinion regarding the Veteran's low back disability during periods of flare-ups.

The Board has remanded the Veteran's claims for service connection for myofascial pain syndrome and a condition manifesting with lightheadedness, difficulty breathing, and lower extremity weakness due to inadequate etiological opinions. The AOJ is required to obtain adequate opinions regarding the nature and etiology of these conditions.

The Board has remanded several issues related to the Veteran's right hip, including rating claims and service connection for residuals of a total right hip replacement. The main focus is on obtaining additional information regarding flare-ups and functional limitations.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's microcytic anemia and her military service. A new examination is required.

The Veteran's appeal is remanded for further examination and development regarding his service-connected ulcerative colitis, as well as his claim of entitlement to service connection for sleep apnea. The claims are being remanded due to the need for updated medical examinations and additional records.

The Veteran's appeal is remanded due to a material change in his disability, specifically the functional impairment of his hand. A new VA examination is needed to determine the current severity of his residuals of fracture of left third metacarpal with arthritis.

The Board has decided to remand the claims for a neck condition and left arm condition, as they are inextricably intertwined with the service-connected back disability. A VA examination is needed to determine if these conditions are related to service or secondary to the back disability.

The Veteran's claim for an increased rating for his service-connected bilateral keratoconus was denied as the evidence did not show that he met or more nearly approximated the criteria for a higher rating during the one-year period prior to July 2, 2018.

The Board found that the creation of an overpayment debt for FY 2016 due to concurrent receipt of VA disability compensation and drill training pay was valid, and denied the Veteran's appeal.

The Veteran's appeal is remanded due to the need for additional evidentiary development in multiple pending claims, including a TDIU rating. The issues are considered inextricably intertwined with the increased ratings and special monthly compensation.

The Veteran's claim for additional dependency benefits based on her daughter's school attendance from April to August 2014 was denied. The decision states that the evidence does not support the award of additional benefits due to a failure to file within one year of T.M.'s 18th birthday.

The Board has decided to remand the cases for obtaining outstanding relevant records and ensuring that they satisfy their duty to assist the appellant with the development of his claims.

The Veteran's right elbow disability was denied for a compensable evaluation prior to July 13, 2020 due to limitation of flexion not reaching the required degree.,From July 13, 2020 onwards, the Veteran's right elbow disability was also denied for any rating in excess of 20 percent for limitation of flexion.

The Veteran's cause of death, non-Hodgkin's lymphoma, is presumed to be related to his in-service exposure to herbicide agents (Agent Orange).,Service connection for the cause of the Veteran's death is granted.

The Board has granted the Veteran's claim for service connection for an acquired psychiatric disorder, diagnosed as adjustment disorder. The evidence shows that the Veteran experienced symptoms of this condition during his deployment and these symptoms are considered to be related to his military service.

The Veteran's service connection claims for borderline personality disorder and insomnia disorder were denied. The Board granted a 70 percent rating for bipolar disorder, effective from the date of the March 2018 decision, and granted entitlement to Total Disability Rating Based on Individual Unemployability (TDIU).

The Veteran's appeal for an increased rating for bilateral bunionectomy residuals is denied as her condition does not result in actual loss of use of the foot.

The Board has decided to remand the case due to an inadequate VA medical opinion and a need for additional development, including obtaining updated treatment records and scheduling a VA examination.

The Board has decided to remand the case due to non-compliance with previous directives, and a new medical opinion is needed regarding the Veteran's 38 U.S.C. § 1151 claim for post-operative right foot injury.

The Board denied service connection for residuals of a collapsed lung, finding no clinical evidence of a pulmonary condition present on a continuing or chronic basis. The Veteran's statements about his symptoms were not considered competent medical evidence.