Other conditions decisions — 2023

The Veteran's claim for an initial compensable rating for dry eye syndrome was denied.,The Veteran's claim for service connection for an unspecified trauma and stressor related disorder was granted.

The Board has remanded the case due to inconsistencies in the VA examiner's opinion and the need for clarification regarding the relationship between the Veteran's service-connected GERD and gastritis, and his diagnosed gastroparesis.

The Board denied the appellant's claim for accrued benefits, finding that she is not eligible as a child or heir and that her argument based on being a fiduciary of the widow's estate does not hold up. The claim was also denied because the expenses claimed by the appellant were already considered in determining the widow's death pension.

The appellant has withdrawn her appeal regarding the apportionment of VA compensation benefits to her, and thus the case is dismissed.

The Board has remanded the case to determine the Veteran's periods of service that qualify for Post-9/11 GI Bill educational assistance benefits and provide an explanation for why each period qualifies or does not qualify.

The Board has found less than substantial compliance with the remand instructions and has ordered additional development to address issues related to service connection for an acquired mental health disability.

The Board denied service connection for the cause of the Veteran's death due to a cardiovascular disease, finding that it was not related to service and did not manifest within one year of separation. The blindness condition was also found not to have contributed substantially or materially to the causes of death.

The Board has remanded the Veteran's claim for a rating in excess of 10 percent for tardive dyskinesia due to an inadequate VA examination. The case is now pending and any outstanding records should be obtained.

The Board has decided to remand the case due to inadequate examination, requiring a new VA examination for the right foot condition.

The Veteran's bilateral hallux valgus and hammer toes have been granted initial ratings of 20 percent effective December 11, 2015. The right foot was rated under Diagnostic Code 5284, while the left foot was rated under a hyphenated code (5282-5280). The Veteran's hallux valgus and hammer toes are currently rated as moderately severe.

The Board has granted service connection for restless legs syndrome, finding that the Veteran's in-service exposure to an herbicide agent is at least as likely as not a factor in developing this condition.

The Board denied a request for an effective date prior to October 1, 2017, for additional dependency compensation for the Veteran's child. The Veteran submitted a VA Form 21-686c on February 9, 2018, within one year of filing her intent to file a claim in September 2017.

The Veteran's surviving child, D.D.W., is not eligible for VA survivor's pension benefits due to his annual countable income exceeding the Maximum Annual Pension Rate (MAPR).

The appellant has withdrawn her appeal for VA survivor's (death) pension benefits, and the claim is dismissed.

The Board has remanded the case due to inadequate examination reports and a need for further evaluation of the Veteran's occupational functioning from September 2010 until his death.

The Board denied the Veteran's claim for service connection for bilateral elbow disability, finding that there was no causal link between his current condition and an in-service injury. The Board concluded that the Veteran's present elbow disability is more likely due to osteoarthritis related to aging rather than a fall during active duty.

The Board denied the Veteran's claim for an earlier effective date for dependency benefits due to his spouse, finding that VA received all necessary information and evidence in a timely manner. The earliest possible effective date is October 1, 2016.

The Veteran's service-connected ventral hernia needs to be reassessed due to recent worsening of symptoms. Updated VA examination records are required.

The Veteran's claim for increased ratings for intervertebral disc syndrome (IVDS) from June 15, 2017 to May 21, 2018 and thereafter was denied. The Board found that the evidence did not meet the criteria for a higher rating during these periods.

The Board has remanded the cases due to incomplete service treatment records and the need for new VA medical opinions regarding the nature and etiology of the Veteran's chemical burns to the right leg and groin condition.