Other conditions decisions — 2023

The Veteran's claim to reopen the neck condition service connection is granted. The case is remanded for further examination and opinion regarding the causal link between the current neck disability and military service.

The Board has remanded the case for further development regarding a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected unspecified trauma-related disorder. The TDIU claim is being reconsidered as updated employment information is needed.

The Veteran's right and left foot hammertoes are rated noncompensable, but the Board has granted a 10% rating for each. The appeal regarding service connection for a sleep disorder is remanded due to incomplete etiology opinions.

The Board has determined that additional development is needed for the accrued benefits claim due to incomplete documentation and a need to clarify certain details. The appellant must provide necessary information regarding his expenses and submit supporting documents.

The Board has remanded the case due to inadequate reasons and bases for its decision, specifically regarding whether the Veteran's DJD is functionally equivalent to ankylosis during flare-ups prior to January 10, 2022.

The Veteran's back disability is rated at 40 percent effective January 31, 2023. The LLE radiculopathy of the sciatic nerve and femoral nerve are also rated at 40 percent and 30 percent respectively from that date.

The Board has remanded the case due to a lack of release forms for VA to obtain Dr. J.J.'s treatment records, which may include information relevant to the Veteran's left foot condition.

The Board has granted service connection for osteoporosis, pituitary adenoma, and hypogonadism secondary to exposure to tactical herbicides. The TDIU claim is remanded as it depends on the assigned disability ratings.

The Board has determined that the Veteran's unspecified trauma and stressor related disorder is related to his service, granting service connection for this condition.

The Board has granted the appellant's request to be recognized as the surviving spouse of the Veteran for the purpose of establishing eligibility for VA benefits, including dependency and indemnity compensation (DIC) and death pension.

The Board denied service connection for hypertrophic cardiomyopathy, finding conflicting medical evidence on whether the Veteran had or had a current diagnosis of this condition. The issue of chest pain was also addressed but not resolved due to lack of clarity in the appeal.

The Board has granted service connection for emphysema, finding that the Veteran's exposure to smoke from burn pits during his Southwest Asia deployment is associated with his current condition.

The Board denied the appellant's request for a waiver of recovery of an overpayment of VA pension benefits because it was not timely filed.

The Board has granted the Appellant's claim for retroactive benefits awarded to his mother, as she was a Nehmer class member and received a lump sum payment prior to her death. The Appellant is now entitled to receive this amount in his capacity as the sole heir of his mother's estate.

The Board denied the Veteran's claim for service connection for a skin disorder, finding that it is not proximately due to or aggravated by his service-connected posttraumatic stress disorder.

The Board has determined that the Veteran experienced additional disability in the form of worsened visual acuity and glare issues following his left eye cataract surgery on April 18, 2016. The evidence supports a determination that this additional disability was caused by unforeseen inflammation during the aborted surgery, which is not reasonably foreseeable. Therefore, the Veteran's claim for compensation under 38 U.S.C. § 1151 is granted.

The Veteran's Guillain-Barre syndrome is not considered to be caused by VA medical treatment, including the administration of Prevnar 13 vaccine or failure to timely diagnose and treat GBS.

The Board denied the appellant's claim to be recognized as the surviving spouse of the Veteran for VA benefits purposes due to lack of evidence supporting a common law marriage between them after their divorce.

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of a sinus disorder. The Veteran's service records show in-service nasal injury, upper respiratory infection with sinusitis, and continued symptoms post-service.

The Veteran's claim for an earlier effective date of October 23, 2017, for additional dependency benefits for his minor child E.M.H. was denied as a matter of law due to lack of evidence supporting the claim.