Other conditions decisions — 2023

The Veteran's claim for service connection for a prostate gland disability was reopened due to new and material evidence. However, the Board denied the claim as there is no evidence of a current disability that began during service or is related to any in-service injury, event, or disease, including exposure to herbicides.

The Board has determined that the Veteran's back disability is not service-connected, as there is no evidence linking his current condition to events during active duty.

The Veteran's military personnel records and the appellant's consistent statements indicate that her marriage to J.S. was terminated by annulment in April 1982, but no copy or abstract of the decree of annulment is available. The Board considers the provisions of 38 C.F.R. § 3.52, which allows for an attempted marriage to be deemed valid if certain conditions are met (including continuous cohabitation and lack of knowledge of a legal impediment). As such, the Veteran's and appellant's lengthy relationship and continuous cohabitation led to the determination that their attempted marriage in December 1985 was 'deemed valid,' granting recognition as the surviving spouse for VA purposes.

The Board denied service connection for anaplastic large cell non-Hodgkin's lymphoma, finding that the Veteran's condition is not related to his military service.

The Board dismissed the appeal due to the appellant's death, as claims do not survive their deaths.

The Board has determined that the Veteran's emphysema is related to his active military service, and thus grants service connection for this condition.

The Veteran's claim for service connection for benign prostatic hypertrophy (BPH) is being remanded due to the Board failing to address whether VA examiners reviewed and addressed articles cited in his brief indicating an increased risk of BPH associated with type II diabetes mellitus.

The Veteran's appeal for an initial compensable disability rating for bilateral iritis is being remanded due to the need for additional development, including obtaining updated treatment records from his ophthalmologist.

The Board has granted service connection for chronic toenail loss, finding that the evidence is in equipoise as to whether the condition had its onset during active duty service.

The Board has remanded the cases for further development due to insufficient opinions regarding the etiology of the Veteran's subdural hemorrhage and partial colectomy with anastomosis. The AOJ is instructed to obtain a supplemental medical opinion from the VA examiner.

The Board has granted service connection for TMJ on the right as secondary to service-connected TMJ on the left and a 20 percent rating for TMJ on the left beginning October 18, 2016. The Veteran's increased rating claim for TMJ on the left is denied prior to that date.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's eye condition and its relation to service, as well as a need for further examination on toxic exposure risk activities.

The Board denied the Veteran's attempt to appeal a decision finding his notice of disagreement untimely, as the VA Form 9 was received more than two and a half years after the initial decision.

The Veteran's bilateral meibomian gland blepharitis and dry eye syndrome were not rated higher than the current assigned ratings.

The Veteran's actinic keratosis and seborrheic keratosis are granted service connection. Service connection for squamous cell carcinoma is remanded.

The Board dismissed the Veteran's claim of entitlement to reimbursement for medical care due to insufficient evidence and lack of cooperation from the Veteran.

Your legacy appeals for neck, left hip, and right hip disorders have been dismissed as you opted-in to the modernized review system.

The Board has determined that the Veteran's appeal is dismissed for restoration of a 10 percent rating for left hip extension. The effective dates for service connection on right hip disorders are denied as there was no prior claim before November 15, 2017. Further, a temporary total rating for left middle finger degenerative joint disease is not warranted.

The Veteran's service-connected squamous cell carcinoma of the penis, metastatic to inguinal lymph node, is granted a 20 percent rating from March 20, 2013, and a 40 percent rating from March 10, 2021. The Board also found that the Veteran's left tonsillar squamous cell carcinoma is not related to his service-connected penile cancer.

The Board has granted service connection for a right foot disability diagnosed as arthritis, finding that the condition clearly and unmistakably preexisted service but was aggravated during or as a result of service.