Other conditions decisions — 2023

The Board has remanded the Veteran's claims for service connection for right and left upper extremity neurological disorders due to inadequate VA examination and failure to consider all submitted medical evidence.

The Veteran withdrew her appeal for Total Disability Individual Unemployability (TDIU) before the Board could make a decision.

The Board has determined that the effective date for adding the Veteran's child, G., as his dependent to his award of VA disability compensation should be based on the date of an Interlocutory Adoption Order issued by a Virginia State Court. The decision is remanded to allow the Veteran to submit this document.

The Board has granted service connection for the Veteran's left elbow subchondral cyst as a manifestation of his service-connected left elbow degenerative joint disease.

The Veteran's primary insomnia is granted a 30 percent disability rating, effective from the date of the decision. Service connection for fatty liver disease with thrombocytopenia is denied.

The Veteran's initial claim for a higher rating for her service-connected panic disorder was granted, with a 50 percent rating effective from March 30, 2010 to August 25, 2020. The Board found that the symptoms of anxiety and depression caused occupational and social impairment with reduced reliability and productivity.

The Veteran's appeal of the issue regarding payment of medical expenses incurred at Western Montana Clinic on March 23, 2018, has been withdrawn by his representative. As a result, the appeal is dismissed.

The Board denied service connection for an acquired psychiatric disorder, including PTSD, and denied special monthly compensation based on aid and attendance. The Veteran's personality disorder was found to have existed prior to service and not aggravated by any in-service event.

The Board denied a request for an earlier effective date for the award of dependency benefits for the Veteran's spouse, R.K., as it was not received within one year from the date of marriage.

The Board has remanded two issues: entitlement to service connection for vasovagal syncope and entitlement to a rating in excess of 10 percent for urethral stricture. The Veteran's claim for vasovagal syncope is remanded due to the need for a medical opinion regarding whether his current symptoms are related to in-service episodes, while the urethral stricture issue requires a new VA examination to assess the current severity and symptomatology of the disability.

The Board denied the motion to revise a November 2022 decision on the basis of clear and unmistakable error (CUE) because there was no CUE in the April 2021 Board decision. The effective date for TDIU was assigned based on the later of the two dates, August 13, 2015, which is when the intent to file a claim occurred.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for service-connected residuals of left eye pterygium removal prior to April 1, 2011 and for a separate rating in excess of 10 percent for service-connected left eye dry eye syndrome prior to April 1, 2011 due to the need for additional medical opinions.

The Board has decided that the Veteran's claim for service connection for congestive heart failure secondary to hydroxychloroquine toxicity should be remanded due to improper docketing and lack of a statement of the case.

The Board has remanded the case due to new evidence being associated with the Veteran's claims file and not considered by the AOJ. The Veteran was scheduled for a hearing but could not be reached.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's pre-existing skin condition was aggravated by service.

The Board denied an earlier effective date for additional dependency benefits based on school attendance, finding that the Veteran did not meet the criteria to file a timely claim within one year of N.'s 18th birthday or the commencement of his course of study.

For the period prior to August 22, 2019, the Veteran's combined service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claim for service connection for arthritis of the left foot due to a lack of adequate examination and consideration of all relevant evidence, including the Veteran's lay statements regarding his symptoms.

The Board has remanded the case due to an error in not considering whether a previous VA examination was conducted during an active phase of the Veteran's condition.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is dismissed as moot because he has already been awarded TDIU from June 10, 2015.