Other conditions decisions — 2023

The Board found that the award of a special apportionment of the Veteran's VA compensation benefits in the amount of $350.00 per month to E.T. for herself and her child J.T., prior to May [REDACTED], 2016, and the amount of $175.00 per month to E.T. for herself from May [REDECTED], 2016 to March 1, 2020, was proper.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the relationship between his conditions and military service, as well as secondary service connection.

The Veteran's initial disability rating for bilateral cataracts with diabetic retinopathy, dry eye syndrome, macular schisis, and exophoria with intermittent alternating exotropia prior to February 20, 2013 is granted at a 20 percent rating. A higher rating of more than 20 percent from February 20, 2013 to September 5, 2017 is denied.

The Board has ordered additional development due to lack of substantial compliance with its orders. The Veteran's service-connected coronary artery disease (CAD) is alleged to worsen his currently diagnosed peripheral artery disease (PAD). Further remand is necessary for an adequate medical opinion on the etiology and aggravation of these conditions.

The Board has determined that the Veteran's left hand disability is at least as likely as not related to his service, and thus grants entitlement to service connection for this condition.

The Board has determined that the VA examination and opinion provided were inadequate, and thus the case is being remanded for further development and consideration.

The Board dismissed the appeal because the Veteran withdrew it before a decision was made.

The Veteran's claims for service connection for recurrent fevers and right hand disability have been denied. The claim for recurrent fevers is denied, while the claim for right hand disability is remanded.

The Veteran's right knee disability is currently rated at 10 percent under Diagnostic Code 5260. The Board has ordered a new examination to assess the current severity of her service-connected patellofemoral pain syndrome.

The Board denied the Veteran's claims for service connection for a bilateral lower extremity condition, to include peripheral artery disease (PAD) and TDIU. The evidence did not support a finding that these conditions were related to active service.

The Board denied the motion to revise the decision to add J.S. as a dependent child, finding that the failure to include her in the award prior to May 1994 was not CUE.

The Board has decided to remand the case due to conflicting medical opinions and the need for updated treatment records, as well as a clarification opinion regarding the nature and etiology of the Veteran's claimed sleep disturbance disability.

The Board denied the Veteran's appeal as there was no evidence of concurrent receipt of VA disability compensation and drill pay, but rather a retroactive adjustment due to 21 training days during FY 2016. The Veteran did not timely respond to the proposal.

The Board has determined that further development is needed for the issues of TDIU and SMC based on the need for aid and attendance. The AOJ must seek to obtain non-medical records from SSA, including copies of all disability applications and their decisions as well as legal documents regarding this Veteran.

The Board denied an increased rating for the Veteran's left hip condition, finding that his range of motion did not meet criteria for a higher rating. The temporary total rating based on convalescence after surgery was granted from April 27 to July 27, 2016.

The Board has decided to remand the Veteran's claims for service connection for bilateral hand disabilities, including Dupuytren's contracture. The previous examination was inadequate as it did not address all of the Veteran's contentions regarding his conditions.

The Board has determined that the Veteran's right eye blindness was caused by carelessness, negligence, lack of proper skill on the part of the surgical resident during cataract surgery at a VA facility. The event was not reasonably foreseeable.

The Board has decided to remand the case due to insufficient information regarding the Veteran's left eye symptoms and their relation to his service-connected contusion injury.

The Board has decided to remand the case due to incomplete development and inadequate medical opinions. The Veteran's sinus condition is being reviewed again for additional evidence.

The Board denied service connection for numbness and tingling in the extremities, finding no evidence of a nexus to service or any other compensable condition.