Other conditions decisions — 2023

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's current right hand condition and his in-service cold injury from exposure to liquid oxygen. Additional development is needed, including a new examination and opinion.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's left eye disability, specifically due to a lack of additional testing recommended by a VA examiner.

The Board has decided to remand the Veteran's claims for service connection for left and right eye conditions due to missing scheduled VA examinations. Efforts should be made to obtain SSA records and VA treatment records.

The Veteran's service connection claim for residuals of parotid cancer is granted due to exposure to burn pits and other Gulf War environmental hazards under the PACT Act. However, a remand is ordered for another VA medical opinion regarding his service connection prior to August 10, 2022.

The Board has remanded the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The decision is pending further development and review.

The Veteran withdrew his appeal for increased evaluations of residuals of a right middle finger sprain and trauma, which was previously rated at 30 percent prior to October 17, 2019 and at 70 percent thereafter. The Board dismissed the appeal as it did not have jurisdiction due to the withdrawal.

The Veteran's claim for an earlier effective date for additional dependency benefits based on his child's school attendance was denied because the application was not timely filed within one year of J.'s 18th birthday or the commencement of the course of study.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's gastrointestinal disability, including chronic pancreatitis. The VA will need to provide a new examination and opinion.

The Board has remanded the case due to unclear markings on a clinical record form from an in-service full mouth teeth extraction procedure, which may indicate whether the Veteran received a blood transfusion. The examiner is asked to determine if the current ankylosis spondylitis was caused or aggravated by any in-service blood transfusions.

The Board has denied service connection for radiculopathy of the right and left lower extremities, finding no persuasive evidence that the Veteran had these conditions at any time during or approximate to the pendency of the claim.

The Veteran's claim for a higher disability rating for his service-connected residuals of fractured right ulnar styloid with arthritis is remanded due to the need for a new examination to assess the current severity of his condition.

The Board has remanded the cases due to inadequate medical opinions and new evidence from the Veteran's December 2017 statement.

The Veteran's right hip trochanteric pain syndrome has been granted a TDIU and SMC at the housebound rate due to his inability to secure and follow substantially gainful employment.

The Board has remanded the Veteran's claims for service connection for bilateral leg and hip arthritis due to inadequate VA examination opinions. The issues are being returned for further evaluation.

The Board has found that the appeal remains denied because no new specific claim for payment was received. The AOJ must provide clarification of the details of her claim and submit supporting documentation.

The Veteran's claim for service connection for emphysema is remanded due to the need for additional development and an addendum opinion considering his in-service exposure to fumes.

The Veteran's claim for service connection for colon cancer, including as due to contaminated water exposure at Camp LeJeune, was denied. The Board found that the evidence did not show a causal relationship between the Veteran's current condition and his military service or any exposure to contaminated water.

The Board found that the overpayment was validly created due to administrative errors on VA's part, but granted a waiver of recovery for the overpayment amount.

The Board has decided to remand the case due to a need for further development regarding the Appellant's enrollment status at Arlington Career Institute, as there is conflicting evidence about her attendance.

The Veteran's service connection for a gastrointestinal disability manifested by recurrent diarrhea is granted. The reduction of the ratings for right and left lower extremity sciatica from 10 to 0 percent, effective September 23, 2019, was improper, and the 10 percent ratings are restored. A separate rating of at least 10 percent for right knee instability is granted.