Other conditions decisions — 2023

The Board has granted non-service-connected burial benefits for the Veteran's cremation and denial of a burial plot or interment allowance due to lack of final resting site purchase.

The Board has determined that the Veteran's basal cell carcinoma of the nose is related to his history of sun exposure during active service, and thus grants service connection for this condition.

The Board has reopened the Veteran's claim for service connection for scoliosis with hyperlordosis due to new and material evidence. The case is remanded for a VA examiner to provide an opinion on whether the Veteran's pre-existing scoliosis with hyperlordosis was aggravated by her military service.

The Veteran's biological mother is not a Vietnam veteran, and therefore the appellant does not qualify for benefits under 38 U.S.C. § 1815 or 38 U.S.C. § 1805.

The Board has remanded the case due to the appellant not waiving her right for the AOJ to review additional evidence submitted after a March 2022 Supplemental Statement of the Case (SSOC).

The Board denied compensation under 38 U.S.C. § 1151 for bladder damage and retrograde ejaculation resulting from a VA TURP KTP laser operation in April 2013, finding that the evidence did not support claims of carelessness, negligence, or lack of proper skill on the part of VA.

The Veteran's bilateral lower extremity restless leg syndrome with periodic limb movements disorder is rated at 40 percent since March 22, 2013.

The appeal is dismissed because the Veteran died, making apportionment of his VA benefits moot.

The Board has denied service connection for allergic conjunctivitis as the Veteran's pre-existing condition did not permanently increase in severity during service.

The case is on appeal for apportionment of the Veteran's VA compensation benefits. The Board has found that procedural steps have not been completed as required by contested claims procedures and remanded to ensure compliance with these procedures.

The Board has decided that the Servicemember's military service does not entitle the Appellant to VA benefits, and has remanded the case for obtaining the complete service personnel records.

The Board has remanded the case due to inadequate medical examination and opinion regarding the Veteran's bilateral flatfoot condition. The issue of service connection for this condition is now pending.

The Veteran's overpayment has been fully repaid, and the appeal is granted.

The appeal for service connection for the cause of the Veteran's death has been dismissed as it was granted in a previous decision. The appeal for SMC at the aid and attendance rate is remanded.

The Board denied the Veteran's claim for service connection for chronic lymphocytic leukemia, finding that there was no evidence of herbicide exposure or other toxic substance exposure at Fort McClellan during his military service. The Board also found insufficient evidence to support a direct service connection due to the lack of in-service exposure.

The Board denied the Veteran's claim for service connection for eye twitches, finding no current diagnosis of a disability.

The Board denied the appellant's claim for an apportionment of the Veteran's VA compensation benefits during the period from December 1, 2008, to February 1, 2009, as her claim was not received within one year after the March 2005 notice.

The Board denied benefits for spina bifida and birth defects because the appellant does not have a diagnosis of spina bifida, his mother is not a Vietnam Veteran, and there is no legal basis to grant the requested benefits.

The Veteran's initial compensable rating for deviated septum with nasal obstruction prior to August 18, 2016 is denied.,A 10 percent rating was granted from August 18, 2016 to December 4, 2017. The Veteran's claim for a higher rating after this period remains denied.

The Board has remanded the case for further development due to errors in a previous examination report and the need for new opinions regarding causation and aggravation of the Veteran's heart disabilities by her service-connected conditions.