Other conditions decisions — 2023

The Board denied an earlier effective date for the grant of service connection for lupus, finding that the additional STRs submitted in November 2017 were not relevant to the May 2004 denial and did not trigger reconsideration under 38 C.F.R. § 3.156(c).

The Board has decided that the Veteran does not have a current disability of trigeminal meningioma or facial injury to include loss of front teeth and nasal damage, thus denying service connection for these conditions. The issues related to facial injury are remanded for further evaluation.

The Veteran's stroke residual of cognitive disorder with an adjustment disorder has been rated at 30 percent since March 4, 2018. The Board granted a higher rating to 50 percent effective from that date.

The Board denied the Veteran's claims for service connection for bilateral gout, bilateral calcaneal spurs, and left remote fracture of the 5th metatarsal, finding that there is no persuasive evidence linking these conditions to his active duty service.

The Veteran's acromegaly is found to have had its onset during his active military service, and the Board grants service connection for this condition.

The Veteran's appeal for a total disability rating based on individual unemployability prior to August 8, 2022 has been dismissed due to the death of the appellant.

The Board denied the Veteran's motion to revise a previous decision on the basis of clear and unmistakable error (CUE) because there was not clear and unmistakable evidence that he was in need of regular aid and attendance or higher level care prior to September 3, 2006. The motion is dismissed.

The Board has remanded the case for further development, including obtaining an adequate VA examination to determine if the Veteran's right and left leg disabilities are related to service or a service-connected condition.

The Veteran's VA disability compensation needs to be apportioned to his minor children, M.A.S. and M.J.S., who are the custodian of T.M. The appeal is remanded due to procedural issues.

The Board has remanded the Veteran's claims for service connection for an eye condition and a prostate condition due to inadequate medical opinions provided in previous decisions. The Veteran is seeking service connection for PVD and BPH, which are currently diagnosed conditions.

The Veteran's claim for service connection for bilateral dry eye syndrome with allergic conjunctivitis is granted, effective April 13, 2018.

The Board denied the Veteran's appeal as the withholding of VA disability compensation benefits to recoup separation pay in the amount of $20,326.66 ($15,245 after taxes) was proper.

The Board denied service connection for mallet finger of the right hand and left hand, ring and pinky fingers as there was no in-service occurrence or link to service.

The Veteran's bilateral hallux valgus is rated as 10 percent disabling prior to June 23, 2021, and higher than 10 percent as of that date. The Board has remanded the case for a psychiatric condition evaluation.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's chronic myeloid leukemia and its relation to service, specifically herbicide exposure. The Veteran was diagnosed with CML in May 2018 and is presumed exposed to herbicides during service.

The Board denied service connection for right and left lower extremity disabilities, other than peripheral neuropathy, to include soft tissue sarcoma due to lack of evidence linking these conditions to the Veteran's military service or a service-connected disability.

The Board has remanded the case due to an error in docketing, and a statement of the case must be issued for the issue of entitlement to TDIU.

Service connection for an intestinal condition (diverticulitis and/or colon resection residuals) is denied.,Service connection for a gallbladder condition (gallstones and/or cholecystectomy residuals) is denied.

The Board has remanded the Veteran's claims for service connection for a neurological disorder and migraines due to further development being required. The issues include determining if Moyamoya disease is a congenital defect or disease, whether it was superimposed during service, and if there is clear and unmistakable evidence of preexistence or aggravation.

The Board denied the Veteran's claim for service connection for multiple myeloma, finding that there was no evidence of herbicide exposure and insufficient medical evidence to establish a link between his current condition and active duty.