Other conditions decisions — 2023

The Veteran's TMJ dysfunction was rated at a 10 percent prior to September 10, 2017. The rating was increased to 20 percent effective from August 3, 2021.,The Veteran is entitled to a 20 percent rating for TMJ dysfunction beginning from September 10, 2017.

The Board has remanded the case due to an inadequate medical opinion regarding the etiology of the Veteran's right foot disorder. The claim will be reconsidered after additional development.

The Board has remanded the case due to a need for clarification of whether the Veteran's current nerve condition, including trigeminal neuralgia-5th cranial nerve, is caused or aggravated by service, specifically the administration of the FluMist vaccine in November 2007.

The Veteran's claims for increased ratings were partially granted, with a 20% evaluation assigned for limitation of flexion due to left hip strain from September 22, 2022. Other issues remained denied or remanded.

The Veteran's breast cancer was not incurred in service and is not related to her service-connected fibrocystic changes of the breast. The case also did not involve asbestos or contaminant exposure.

The Board has decided to remand the case due to insufficient consideration of the Veteran's contentions and an inadequate rationale or analysis regarding his nose disability. The Veteran is requested to be examined by a clinician to determine if he has any current nasal disorder related to service.

The Veteran's symptoms of confusion/lack of focus, fatigue, drowsiness, weakness, and trouble sleeping have been attributed to his service-connected seizure disorder and medications taken to manage it. However, these symptoms also overlap with symptomatology attributable to his service-connected acquired psychiatric disability, leading to a denial of service connection.

The Board has determined that the Veteran experienced episodes of oral thrush during the appeal period, which were caused by his use of a CPAP machine for treatment of service-connected obstructive sleep apnea. As such, the claim is granted.

The Veteran's service-connected scars from HPV treatment are rated at a 10 percent disability rating since July 7, 2022.

The Board has granted the Appellant's recognition as the Veteran's surviving spouse for VA benefits purposes, based on continuous cohabitation and lack of knowledge of legal impediments to a common law marriage.

The Veteran's appeal regarding his initial disability rating for service-connected narcolepsy is being remanded due to the addition of new evidence. The issue will be reconsidered by the AOJ.

The Board dismissed the appeal because the appellant withdrew it through her authorized representative.

The Board has remanded the claims for service connection for right hip, right foot, and left foot disorders, all claimed as secondary to service-connected lumbar strain with degenerative arthritis. The Veteran was not examined due to his failure to report for scheduled VA examinations.

The Board denied the Veteran's request to waive an overpayment of VA benefits due to his status as a fugitive felon, finding that recovery would not be against equity and good conscience.

The Board has remanded the cases for further development regarding service connection for the Veteran's cause of death and Dependency and Indemnity Compensation under 38 U.S.C. § 1318 due to potential exposure to herbicides during service.

The Board dismissed the appeal for service connection of a respiratory disorder due to the Veteran's death, as appellants' claims do not survive their deaths.

The Board has remanded the claims for Dependency and Indemnity Compensation under 38 U.S.C. § 1318, Dependency and Indemnity Compensation under 38 U.S.C. § 1151, and service connection for cause of death under 38 U.S.C. § 1310 due to the appellant's submission of a VA Form 10182, which was not used to appeal legacy rating decisions.

The Board has remanded the case due to failure to appear for a VA examination, and it is requested that another examination be scheduled.

The Veteran's right hand disability, diagnosed as status post right hand injury with residual pain, is related to a September 1977 in-service injury and the Board has granted service connection for this condition.

The Board has remanded the Veteran's claim for a left eye disability due to service-connected seizures, as there is conflicting medical opinion regarding whether the retinal detachment was caused or aggravated by his epilepsy.