Other conditions decisions — 2023

The Veteran's former spouse, J.C., was removed from her VA disability compensation award effective May 1, 2014. The Veteran is seeking a different effective date and the appeal is denied.

The Board has remanded the case due to conflicting medical opinions regarding the cause of death and its relation to service. The appellant seeks service connection for her husband's cause of death, which was related to his active duty service.

The Board has remanded the Veteran's right index and middle finger claims due to a referral for clear and unmistakable error (CUE) regarding service connection decisions. The CUE claims must be adjudicated before the rating decisions can proceed.

The Board granted the Veteran's request to change the effective date of his election from November 29, 2015 to September 16, 2015 for receiving benefits under the Post-9/11 GI Bill in lieu of benefits under the Montgomery GI Bill.

The Board has remanded the case due to incomplete VA treatment records and the need for a VA examination to assess the Veteran's bilateral foot disabilities. The issues are whether the Veteran should receive an initial rating in excess of 10 percent for his right and left foot status post stress fractures.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's residuals of left hand surgery were proximately caused by VA care, negligence, or an unforeseeable event.

The Board denied the appellant's appeal, finding that his character of discharge from service constituted a bar to VA benefits. The cervical spine disability was granted for treatment purposes under Chapter 17.

The Board has remanded the claim for an initial rating in excess of 50 percent for somatic symptom disorder due to insufficient evidence and further development is needed.

The Board has determined that the matter is not ripe for appellate review due to procedural issues and has ordered a remand to provide the Veteran with necessary documentation.

The Board denied service connection for left eye refractive error as it is not a disease or injury subject to VA disability compensation and the evidence shows it is not a service-connected disability.

The Veteran's claim for a higher rating for his service-connected bilateral episcleritis is remanded due to the need for additional medical records and an examination.

The Veteran's death did not meet the criteria for any type of VA burial benefits as he was not receiving VA pension or disability compensation at the time of his death, and there were no pending claims involving substitution.

The Board has remanded the cases for further development due to outstanding VA and private treatment records, as well as an updated picture of the Veteran's employment status.

The Veteran's appeal is about retroactive VA benefits payment under the Concurrent Retirement and Disability Pay (CRDP) program. The Board has ordered remand for further action, including providing a memo explaining how each amount of retroactive pay was arrived at and obtaining proof of payment from DFAS and VA.

The Board dismissed the Veteran's appeal for a TDIU from March 11, 2011 due to lack of evidence showing an increase in disability prior to that date. The issue of earlier effective date for TDIU prior to March 11, 2011 is moot as the Veteran was already granted a 100% rating for schizoaffective disorder.

The Board found compelling circumstances for the servicemember's prolonged periods of AWOL, thus lifting the bar to VA benefits due to his character of discharge.

The Board has granted service connection for the cause of death under the PACT Act, but has remanded to determine if service connection can be established without regard to the new law.

The Board has granted service connection for varicose veins and blood clots with embolisms, finding that the evidence is at least evenly balanced as to whether these conditions had their onset in service. The decision also recharacterizes the claim from 'blood clots - embolisms' to include any residuals of post-service surgery for varicose veins.

The Board has decided to accept the Veteran's VA Form 10182 as a timely Notice of Disagreement in the Legacy review system and will proceed with hearing testimony. However, a remand is required to issue a Statement of the Case (SOC) for both issues.

The Board has decided to remand the Veteran's claims for service connection for right side pain, fatigue, lung condition, and shortness of breath due to conflicting medical opinions and the need for additional evidence.