Other conditions decisions — 2023

The Board has remanded the case for additional development regarding a higher initial rating for service-connected spinal scoliosis and a total disability based on individual unemployability (TDIU). The Veteran's appeal is currently pending additional development.

The Veteran's initial claim for a right thumb sprain has been granted, but the assigned noncompensable evaluation is being remanded due to inadequate examination findings.

The Board has granted an earlier effective date of September 13, 2006 for the award of service connection for loss of use of the bilateral lower extremities. The issue of entitlement to a higher level of SMC at the R-1 rate is remanded.

The Board has granted service connection for a skin condition, finding that the evidence is at least evenly balanced as to whether the Veteran's skin condition is related to his active military service. The decision is based on positive nexus opinions from a registered nurse and negative opinion from a VA examiner.

The Veteran's service connection claims for left and right medial tibial stress syndrome are granted. The Board has found remand necessary for additional development in the cases of preexisting right pes planus and a non-preexisting right foot disability.

The Board denied the Veteran's claim for service connection for a back condition, finding no credible evidence of an in-service injury or disease and noting that his post-service medical records do not show any continuity of symptoms. The Board also found no objective indications of a qualifying chronic disability due to undiagnosed illness or MUCMI.

The Veteran's right index finger fracture residual is currently rated at the maximum of 10 percent, and no higher rating is warranted.

The Board has reopened the claim for a skin disorder due to new and material evidence. Service connection is granted for right leg and left leg peripheral neuropathy secondary to diabetes mellitus. The case is remanded for further examination regarding a current skin disorder.

The Board has granted a 40 percent rating for gout prior to April 12, 2017, finding that the Veteran's symptoms approximated definite impairment of health or incapacitating exacerbations occurring three or more times per year.

The Veteran's case is being remanded due to the need for additional VA treatment records and a VA examination to determine his eligibility for special monthly compensation based on aid and attendance or housebound status.

The Board has determined that the Veteran's left foot partial first and second ray resection disability is not due to VA care or treatment, and therefore compensation under 38 U.S.C. § 1151 for this condition is denied.

The Board has remanded the claim due to inadequate medical opinions regarding whether the Veteran's service-connected spine and lower extremity disabilities caused or contributed to his death by respiratory failure and pulmonary fibrosis.

The Board has decided to remand the case due to insufficient evidence under the new rating criteria for renal dysfunction, and a new VA examination is needed.

The Veteran's claim for service connection for specific phobia with psychosomatic expression of urinary urgency was granted, effective December 26, 2002. The Board found that the Veteran had perfected his appeal from the denial in May 2003 and thus the appropriate effective date is December 26, 2002.

The Board has remanded the case due to insufficient evidence regarding the Veteran's radiation exposure, which is a key factor in determining service connection for multiple myeloma.

Your TDIU claim has been dismissed as you opted into the Appeals Modernization Act (AMA) review system and have withdrawn your appeal from the Legacy appeals docket.

The Board has remanded the claim for payment of death pension benefits due to unclear evidence regarding the appellant's expenses and her correct mailing address. The AOJ is instructed to verify these details and request additional information from the appellant.

The Veteran withdrew his appeal for VR&E benefits under Chapter 31 of the U.S. Code, so the case is dismissed.

The Board has determined that the VA examination and opinions provided were not sufficient to make an informed decision on the Veteran's claims for service connection for tachybrady syndrome and implanted cardiac pacemaker. The case is being remanded for further development, including obtaining additional medical opinions regarding the etiology of the Veteran's heart conditions and considering all potential exposure risks.

The Board has determined that the VA examinations conducted do not comply with prior remands and additional examination is needed to determine if any currently present fatigue or respiratory disability are etiologically related to the Veteran's active service.