Other conditions decisions — 2023

The Board has decided to accept the Veteran's VA Form 10182 as a timely Notice of Disagreement in the Legacy review system, and is remanding the case for issuance of a Statement of the Case on the issues of earlier effective dates for service connection.

The Veteran's claims of compensation under 38 U.S.C. § 1151 for gastrointestinal, non-specific digestive complaints, signs or symptoms involving the digestive system, and stomach conditions are remanded due to inadequate examination findings.

The Board has decided to remand the case due to insufficient examination and lack of addressing the Veteran's contention that his gynecomastia is related to herbicide exposure. The Veteran needs a new examination to determine if his breast mass was incurred in service, including considering his herbicide exposure.

The Board has decided to remand the case due to inadequate reasons and bases provided in its previous decisions regarding the Veteran's lower back strain disability. The Veteran needs a new VA examination to assess his flare-ups, worsening pain, functional loss during flares, and range of motion.

The Board has remanded the claims for residuals of a right femur fracture and right hip disorder due to lack of VA examination, and the need to consider ACDUTRA service. The issues are inextricably intertwined with other disabilities.

The Veteran's Achilles tendonitis and retrocalcaneal bursitis of the left ankle are granted as secondary to his service-connected right knee disability. The matter of a higher rating for arthritis of the left ankle is remanded.

The Board denied the Veteran's claims for CUE in a September 2007 rating decision and denied his requests for earlier effective dates for service connection.

The Board denied the claim for a higher SMC award under (r)(2) because there is no evidence that the Veteran needed personal health-care services provided on a daily basis in his home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional.

The Board has decided to remand the case due to insufficient clarification of whether the current hiatal hernia is related to a hernia treated during service. Additional medical opinion is needed.

The Board has ordered a new medical opinion to address whether the use of antibiotics from August to October 2013 masked symptoms from an improper catheter placement.

The Board has granted an apportionment of 20 percent of the Veteran's VA disability compensation benefits for the period from April 28, 2014, until June [REDACTED], 2014.

The Board denied service connection for gastritis, finding no evidence of a current disability and insufficient medical opinion linking the condition to service or a service-connected disorder.

The Veteran's lumbar spine disability is rated at 40% disabling, and his bilateral pes planus with right foot plantar fasciitis is not entitled to a higher rating. Both issues are denied.

The Board has decided to remand the claim of service connection for trigeminal neuralgia due to incomplete examination and need for further medical guidance.

The Board has found that further development is necessary to determine whether the appellant's enlistment was voided due to fraudulent enlistment, and thus remands the case for clarification from the service department.

The Veteran's appeal for a higher disability rating for left hip impairment of the thigh is denied as his condition does not meet or approximate the criteria for a rating in excess of 10 percent.

The Board has determined that the procedural steps for a simultaneously contested claim have not been completed, and thus remands are necessary to ensure full compliance with the required procedures.

The Board denied the Veteran's claim for nonservice-connected pension benefits as he did not have qualifying service during a period of war, and thus was not eligible for these benefits.

The Veteran's lymphedema of the left face is rated at 100 percent, effective August 29, 2016. The partial left facial nerve disability affecting the left cranial nerve VII (facial nerve) is granted a separate rating of 100 percent from August 29, 2016. Separate ratings for partial left facial nerve disabilities affecting other cranial nerves are also granted.

The Board has remanded the case for a VA examination to determine if the Veteran's heart disability, including aortic valve prolapse, is related to service. The examiner will assess whether the defect was congenital or superimposed during service.