Other conditions decisions — 2023

The Board has decided that the reduction of VA compensation benefits due to concurrent receipt of military drill pay for FY 2012 was improper and has ordered additional development.

The appellant is not entitled to an apportionment of the Veteran's VA benefits as his spouse because they were divorced in November 2004, prior to the date of filing of the current claim.

The appeal was dismissed due to the appellant's death, and no final decision can be made.

The Board has remanded the case due to a failure of the appellant to appear for his scheduled hearing and because there is uncertainty regarding the appellant's discharge status from National Guard service, which could affect eligibility for VA home loan guaranty benefits.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to asbestos and environmental toxins during service, as well as his respiratory disorder. The RO is instructed to verify all periods of service and obtain additional records, including those from post-9/11 deployments. An addendum opinion must be obtained to determine if any current respiratory disorder is related to the Veteran's military service.

The Board denied the Veteran's claims for initial ratings greater than 10 percent for right great toe hallux valgus and left great toe hallux valgus, finding that the evidence showed complaints of pain on standing and walking.

The Veteran's claim for service connection for a deviated septum and perforation of the septum was reopened due to new evidence. The case is remanded for further evaluation, including an opinion on whether the condition is related to his service-connected allergic rhinitis.

The Board has remanded both the character of service connection and the issue of service connection for a right hand disability due to inextricably intertwined issues. The Veteran's application for VA benefits includes an underlying issue of veteran status, which is related to his period of service from September 21, 1962, to July 22, 1963.

The Board has determined that the Veteran's right eye disability did not begin during active service or is otherwise related to an in-service injury or disease, and thus denied his claim for service connection.

The Veteran's service connection claims for bilateral pes planus, migraine headaches, and tinnitus have been granted with effective dates of November 27, 2006. The Veteran is now entitled to a 30% rating for his migraine headaches.

The Board has granted service connection for left tonsillar squamous cell carcinoma with left neck squamous cell carcinoma and remanded the issues of soft tissue sarcoma and right vocal cord lesion (claimed as larynx condition).

The Veteran's skin condition, dermatographism with cutaneous pruritis, was found to cover at least 40 percent of his total body area prior to October 12, 2020. A 60% rating is granted for this period.

The Veteran's death was caused by multiple myeloma, which is presumed to have been due to herbicide exposure during service in Korea. The Board has granted the claim for service connection for cause of death.

The Board has dismissed the appeal of the Veteran's request for VA provision of an adjustable bed frame due to a legal defect in the form used. The matter is now REMANDED for the AOJ to issue a statement of the case.

The Board has granted a 30 percent evaluation for the Veteran's service-connected polycystic ovarian syndrome (PCOS) disability, effective from the date of the decision.

The Veteran's leukemia is granted as service-connected, with the presumption of exposure to herbicides in Thailand. The decision does not consider the PACT Act.

The Board has remanded the case due to a lack of follow-up records from a dental operation during service, and the Veteran's claims file does not contain any record of a follow-up appointment on or around October 10, 1980. The AOJ must make specific efforts to obtain these records.

The Board has remanded the Veteran's claim for an ovarian and/or nabothian cyst, including as secondary to a service-connected C-Section scar, due to incomplete analysis of the issue.

The Veteran's appeal includes multiple issues related to service connection for various conditions, including obstructive sleep apnea, endometriosis, fibroid tumors, and right ankle disorder. The Board has remanded these claims due to the need for additional development.

The Board has dismissed the appeal for an increased rating for right shoulder disability due to withdrawal by the appellant. The issue of service connection for squamous cell carcinoma is remanded for further development.