Other conditions decisions — 2023

The Board has remanded the claims for service connection for a hematologic disability, including MDS and AML, due to exposure during service as an x-ray specialist. The TDIU claim is also being remanded.

The Veteran's appeal of the apportionment of his VA disability compensation benefits on behalf of his former spouse, L.K., from August 1, 2013, to February 25, 2014 is denied as there was no undue hardship caused by the apportionment.

The Board has decided that the factual record is unclear and needs to be further developed, including obtaining additional records from the Veteran's military service and VA treatment records. The decision on whether the Veteran can establish service connection for his neck disorder will be reconsidered after these records are obtained.

The Board has decided that the change in the Veteran's means test eligibility category from copay exempt to copay required for income year 2016 was not proper and has remanded the matter for further action.

The Veteran has been paying child support to the appellant for his biological minor child, H.L., and the appellant's expenses do not exceed what she receives in child support. Therefore, a general apportionment is denied.

The Board has granted an effective date of June 13, 2013 for the apportionment of the Veteran's VA disability compensation benefits to the appellant on behalf of minor child M.H.

The November 1976 rating decision granted service connection for fracture of the alveolar process, left maxilla, with loss of teeth number 9, 10, and 11, but assigned a noncompensable rating. The Veteran appealed this decision on grounds that there was clear and unmistakable error (CUE). However, the Board found no CUE in the November 1976 rating decision.

The Board has remanded the Veteran's claim for service connection for a neurological disability of the right upper extremity, including as secondary to his service-connected brain tumor and lumbosacral spine disability. The decision is pending further development.

The Board has determined that the matter is not ripe for appellate review due to procedural issues and remands it back for compliance with contested claims procedures, submission of updated financial information, and readjudication.

The Veteran's appeal for an earlier effective date for a right foot drop evaluation is dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has remanded the claims for service connection for prostatitis and lung nodules due to secondary service-connected disabilities or herbicide agent exposure. The opinions provided were inadequate, and additional medical opinions are needed.

The Board has remanded the claim for service connection for atrial fibrillation due to incomplete medical records and further development is needed.

The Board has determined that the procedural steps for a simultaneously contested claim have not been completed, and thus the case is being remanded to ensure full compliance with the required procedures. The parties are advised to provide updated evidence regarding their monthly income and expenses, as well as any child support records.

The Board denied service connection for the Veteran's right elbow condition, finding that it is not related to his military service or secondary to his previously service-connected right shoulder biceps tendonitis.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Summa Health System was denied because VA facilities were reasonably available and the Veteran did not attempt to transfer. The decision is remanded due to a lack of documentation confirming whether Wade Park VA Hospital had capacity during the relevant period.

The Veteran withdrew his appeal, so the case is dismissed.

The Board found that the Veteran's breathing condition did not manifest in service or for many years thereafter and is not otherwise etiologically related to active service, or any in-service event or disease therein. Therefore, the claim of entitlement to service connection for a breathing condition was denied.

The Board has granted service connection for hallux rigidus and post fracture residuals of the left great toe, but denied service connection for any other left foot disability.

The Board denied service connection for left and right hip disorders as secondary to service-connected orthopedic disabilities.,An effective date earlier than March 22, 2011, was not granted for the grants of service connection for bilateral knee disabilities.

The Veteran's macular degeneration with senile cataracts and dermatochalasis is granted as service connected due to in-service Agent Orange exposure. The claims for left hip arthritis, right hip arthritis, and TDIU prior to October 31, 2017 are remanded.