Other conditions decisions — 2023

The Veteran's appeals for a higher rating for paroxysmal atrial fibrillation and an earlier effective date for TDIU were dismissed as the Veteran withdrew his appeal in June 2019.

The Board has remanded the Veteran's claims of service connection for right and left leg disabilities due to insufficient evidence in the current record.

The Veteran passed away without having any service-connected disabilities. Therefore, he is not eligible for burial benefits due to the lack of a service-connected condition at the time of death.

The overpayment of additional VA compensation benefits for a dependent spouse and children in the amount of $13,617 was not properly created due to sole administrative error on the part of the VA. The appeal is granted.

The appeal was dismissed because the appellant requested withdrawal of his appeal.

The Veteran's claim for service connection for colon cancer was denied. The Board found no evidence of a nexus between the Veteran's exposure to contaminated water at Camp Lejeune and herbicide agents in Vietnam, nor did it find any direct service connection.,There is no indication that the Veteran had colon cancer during or within one year after his separation from service.

The Board has remanded the claims for a low back disorder, and the service connection claims for cold weather injuries to both feet remain pending.

The Board has granted service connection for DVT of the right lower extremity and pulmonary embolus as secondary to service-connected right knee arthroplasty, finding that these conditions are aggravated by the surgery.

The Board has granted service connection for a deviated nasal septum, finding that the Veteran's current condition is related to her military service.

The Veteran's appeal for service connection for arthritis in all joints has been dismissed because the Veteran requested to withdraw his appeal.

The Veteran's appeal is remanded due to the need for further evidence and clarification regarding his service connection claim, including a determination of in-service exposure to an herbicide agent.

The Board has remanded the claim due to incomplete development of records, particularly from VA and private hospitals during the Veteran's inpatient stay. The AOJ is instructed to obtain these records and readjudicate the case.

The Veteran's appeals for service connection for right and left foot pain have been dismissed due to his death while the appeal was pending.

The Board has determined that additional development is necessary to clarify the nature and etiology of any heart disorder present, including whether ischemic cardiomyopathy represents a separately diagnosable condition from those already provided in the December 2022 VA examination report. The case will be remanded for an additional VA medical opinion.

The Board has decided to remand the case due to additional development being needed, including obtaining VA medical records and conducting a VA examination.

The Board has determined that the Veteran does not have a current diagnosis of a blown ear drum (perforated tympanic membrane) and thus service connection for this condition is denied. The issue of service connection for left ear disability (other than blown ear drum), including ear pain, scarring, acute otitis externa, recurrent left infective otitis, and fungal otitis externa, has been raised due to the Veteran's history of in-service noise exposure and his current symptoms related to his service-connected bilateral hearing loss and tinnitus.

The Board has granted the Veteran's application to reopen her claim for service connection for bilateral tailor's bunions and determined that her bunions were aggravated by active military duty. The decision also grants service connection for this condition.

The Board has decided to remand the issue of service connection for pneumonia due to a need for additional development, including obtaining missing medical records and scheduling a VA examination.

The Veteran's child was born with exstrophy of the bladder and epispadias complex. The Board denied benefits as these conditions are not considered a form or manifestation of spina bifida, which is required for benefits under 38 U.S.C. § 1805.

The Board found that the appellant's service was characterized by a pattern of misconduct resulting in his discharge under other than honorable conditions, and thus denied VA compensation benefits.