Other conditions decisions — 2023

The Veteran's claim for payment of unauthorized non-VA emergency treatment provided on March 24, 2018, is granted. The decision is based on the criteria under 38 U.S.C. § 1725 and 38 C.F.R. §§ 17.1000-17.1008.

The Board has remanded the cases for further development due to missing terminal hospital records and an opinion on the etiology of the Veteran's colon cancer.

The Veteran requested to withdraw all his pending appeals, including the hearing request and any related issues. As a result, the Board dismissed the appeal.

The Veteran's claim for a higher rating for his service-connected residuals of a left tibia fracture is granted, with a 30 percent rating effective June 8, 2015.

The Board has remanded the case due to insufficient evidence, and a supplemental statement of the case must be issued addressing the relevant evidence received since the last decision.

The Veteran's laryngitis is granted a 60% rating, effective prior to August 2, 2022. Service connection for a deviated septum is denied.

The Veteran's appeal for service connection for a respiratory disorder, previously claimed as bronchiectasis, has been dismissed because the Veteran withdrew his appeal in April 2023.

The Board denied a temporary total disability rating for post-operative severe residuals, finding that the Veteran did not meet the criteria for such a rating after July 1, 2016.

The Board denied service connection for right and left hip disorders, as well as HIV and a heart disorder secondary to PTSD. The claims were based on the Veteran's in-service suicide attempt and subsequent medical records showing no bilateral hip injuries or symptoms.,The VA examiners provided negative opinions regarding the Veteran's hip conditions and HIV, attributing them to post-service events rather than service.

The Board has remanded the case due to uncertainty regarding whether the Veteran's GERD and hiatal hernia are related to her service-connected gastroenteritis with fundic gland polyp. The Veteran will need a VA esophageal examination to clarify this issue.

The Board denied service connection for an angioplasty with stent placement of the distal left extracranial internal carotid artery, finding that there was no evidence linking it to in-service symptoms or pathology and concluding that it was not proximately due to or the result of a service-connected condition.

The Board denied the Veteran's claims for service connection for a nerve disability, finding that there is no evidence to support a nexus between his current condition and his military service or any service-connected conditions. The Board also found insufficient evidence to establish secondary service connection.

The Veteran's pension was reduced to $180 per month effective February 1, 2019 due to his reported income from Social Security benefits. The Board found no procedural defects and concluded that the reduction was correct based on information provided by the Veteran.

The claim for service connection for a right eye disability for accrued benefits purposes has been dismissed. The claim for TDIU on an extraschedular basis for accrued benefits purposes is granted, effective January 21, 2005.

The Board has received a withdrawal of the appeal from the Veteran's authorized representative for all issues, including whether the Veteran is competent to handle disbursement of VA funds and entitlement to special monthly compensation based on aid and attendance or housebound benefits. As such, both matters are dismissed.

The Board dismissed the appeal because the appellant died during the pendency of the case, and therefore has no jurisdiction to decide the merits.

The Board has remanded the issues of service connection for cause of death and entitlement to survivor's pension due to incomplete records. The appellant is required to provide any missing medical records, and VA must make a formal finding regarding the unavailability or fire-related status of the Veteran's service records.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Veteran's application to reopen the claim for service connection for macular degeneration is granted. The Board finds that new and material evidence has been presented, raising a reasonable possibility of substantiating the claim. However, the issue of facial burn residuals requires further examination as it does not pertain to service connection.

The Board denied service connection for difficulty breathing, finding that the evidence did not support a link between the condition and service.