Other conditions decisions — 2023

The Board has remanded the cases due to incomplete VA treatment records and a need for an etiological opinion regarding the Veteran's cardiomyopathy.

The Board has remanded the Veteran's claims for bilateral toe disability and left foot scarring due to new evidence received since the last Supplemental Statement of the Case (SSOC). The AOJ must ensure all relevant records are obtained, including VA and private treatment records. The claims will be readjudicated based on this additional evidence.

The Veteran's appeal for an increased rate of compensation benefits beyond October 2020, based on his dependent child D.S. attending school, was denied as the law does not provide for additional compensation allowance beyond a child's 23rd birthday.

The Board denied the claim for death benefits due and unpaid upon the Veteran's death, finding that the appellant is not entitled to reimbursement of expenses related to the Veteran's final illness as she did not pay any authorized expenses and was an adult child who did not meet the criteria for a surviving child.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's gall bladder removal disability is proximately due or aggravated by his service-connected diverticulitis.

The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's enchondromas bilateral humerus and his in-service vaccinations. The case will be returned for further evaluation.

The Board dismissed the appeal because the AOJ administratively approved the Veteran's claim for payment of non-VA emergency medical services provided on July 11, 2016.

The Board dismissed the appeal as the appellant requested withdrawal of the issue on appeal.

The Board dismissed the appeals for payment of nonservice-connected pension benefits from June 5, 1997 to August 25, 1997 and from October 1, 1997 to November 6, 2000 as they were moot due to the Veteran's receipt of higher VA compensation benefits.

The Board has granted service connection for parenchymal disease, finding that the Veteran's obesity, caused by his service-connected left knee and obstructive sleep apnea disabilities, is a substantial factor in causing this condition. The Board also found that the parenchymal disease would not have occurred but for the obesity.

The Veteran's claim for service connection for a meningioma or brain tumor is remanded due to inadequate medical opinions and the need for further development, including an examination by an oncologist.

The Board has remanded the Veteran's claims of entitlement to increased ratings for right and left foot hallux valgus with hammertoes and calluses, as well as right and left knee disabilities. The case is being returned to the AOJ for initial review of additional VA treatment records.

The appeal is dismissed due to the appellant's death, and the case has been returned for further development.

The Board has remanded the case due to lack of substantial compliance with prior remand directives and consideration of the May 1967 chest x-ray findings, exposure to herbicides and asbestos during service, and the need for an addendum opinion regarding the nature and etiology of any respiratory condition or symptoms resulting in functional impairment of earning capacity.

The Veteran's squamous cell carcinoma of the tongue and pharynx (oropharyngeal cancer) is found to be at least as likely as not due to tobacco use disorder, which is secondary to his service-connected post-traumatic stress disorder. Service connection for this condition is granted.

The Veteran's appeal for a higher rating for chronic adjustment disorder prior to April 19, 2023, was granted. The Board found that the Veteran met the criteria for a 70 percent rating based on his symptoms of depression, anxiety, panic attacks, memory loss, and avoidance behavior.

The Board has decided to remand the Veteran's claims for service connection and TDIU due to his respiratory disability, as well as his claim for TDIU. The case will be returned to the Board after further development is completed.

The Board has remanded the case due to an inadequate VA medical opinion regarding the nature and etiology of the Veteran's right foot disorders. The examiner must provide a clear opinion on whether any current diagnosed right foot disorders had their onset in service or were caused by service, accepting as true the testimony that the Veteran injured her right foot during service.

The Veteran's bilateral cataracts and right eye retinopathy are currently rated as noncompensable. The Board has granted a 10% disability rating for the left eye cataract, which is postoperative with a replacement lens.

The Veteran's acquired psychiatric disorder, specifically an other specified trauma and stressor-related disorder, is found to be related to his military service. Service connection for this condition is granted.