Other conditions decisions — 2023

The Board has granted an initial disability rating of 60 percent for chronic restrictive lung disease, effective from August 1, 2012. The Veteran's symptoms have more nearly approximated FEV-1 between 40 to 55 percent predicted throughout the appeal period.

The Board denied the reopening of the issue regarding the appellant's character of discharge, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim or raise a reasonable possibility of substantiating the claim.

The Veteran's left and right leg limitation of flexion are currently rated at 10 percent each, but the Board found that there is no evidence to support a higher rating due to functional loss.,The Veteran's service-connected left and right leg limitations of flexion have been evaluated based on painful range of motion alone.

The Veteran's spouse, J.T., was recognized for the purpose of additional dependency compensation effective April 1, 2005. The decision is based on her prior marriage and the grant of a disability rating.

The Veteran's appeal for an increased rating for idiopathic pulmonary hemosiderosis is remanded due to the need for a VA examination.

The Board found that the withholding of VA disability compensation due to concurrent receipt of VA disability compensation and drill pay for 52 training days during fiscal year (FY) 2015 was proper, thus denying the appeal.

The Board denied the Veteran's claim for service connection for left brachial plexus injury and nerve irritation/trigger point, claimed as left chest pain, finding that there is no clear and unmistakable evidence showing a pre-existing condition aggravated by service.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to the death of the appellant.

The Board has remanded the Veteran's claims for gastrointestinal and liver disabilities due to incomplete development, including obtaining updated VA treatment records and conducting further examinations.

The Board has remanded the claim for a VA examination to determine if the Veteran has any eye disorder, including pinguecula and secondary vitreoretinal peripheral retinal degeneration, that is related to his service-connected persistent depressive disorder, other specified trauma and stressor related disorder and alcohol use disorder.

The Board has remanded the case to reconsider the issue of TDIU from March 23, 2021, including whether any one service-connected disability rendered the Veteran unemployable for SMC purposes.

The Veteran's claims for service connection for left and right hamstring pulls have been denied as there is no evidence of a current disability related to his military service.

The Veteran's bilateral hand arthritis and left middle finger disability are granted service connection. The right third metacarpal disability is remanded for further evaluation.

The Veteran's claim for additional dependency benefits based on school attendance for his dependents C.C. and M.C., who were over the age of 18 at the time of their effective date, was denied because the requested forms were not submitted within one year from the notification to do so.

The Veteran requested to withdraw his appeal for service connection of a neck condition, and the Board has dismissed the case as a result.

The Board denied DIC benefits for the appellant as a surviving spouse due to insufficient length of marriage, despite her claim that they were legally married in common law prior to their 2017 ceremonial marriage. The evidence did not support this belief.

The Veteran's spouse was denied recognition as his surviving spouse for purposes of entitlement to dependency and indemnity (DIC) benefits and death pension due to the divorce occurring before the Veteran's death.

The Board has determined that the Veteran's joint pain/gout disability is not related to his active duty service and denied his claim for service connection.

The Veteran's service-connected bilateral achilles tendonitis disability has prevented him from securing and maintaining substantially gainful employment prior to July 20, 2011. The Board has remanded the case for a determination on whether TDIU should be granted on an extraschedular basis.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for musculoskeletal and skin disabilities due to his chemotherapy treatment of Docetaxel is denied as there is no evidence that the conditions were caused by VA care or an event not reasonably foreseeable.