Other conditions decisions — 2023

The Board has decided to remand the case due to the need for a VA examination to determine if the appellant's left eye disorder existed prior to his period of active duty training (ACDUTRA) and whether it is related to service.

The Veteran's claims for service connection are remanded due to the need for additional medical opinions regarding his stomach cancer and metastatic gastric adenocarcinoma, as well as secondary service connection. The AOJ should also readjudicate the temporary total disability ratings under 38 C.F.R. §§ 4.29, 4.30.

The Board denied reopening the claim of entitlement to compensation benefits, pursuant to the provisions of 38 U.S.C. §1151, for residuals of cerebellar infarct due to lack of new and material evidence.

The Board has remanded the case due to a lack of evidence regarding the Veteran's income and unreimbursed medical expenses as of his 65th birthday, which is necessary for determining if he qualifies for nonservice-connected pension benefits.

The Veteran's claims for an effective date prior to February 2, 2016, and a higher initial disability rating for his left leg shrapnel injury were denied. The Board found that the Veteran did not have new and material evidence within one year of the 1970 decision denying service connection for his left leg shrapnel injury.

The Board has granted service connection for peripheral artery disease and remanded the issue of a temporary total evaluation based on left femoral artery bypass graft.

The Veteran's claim for additional VA educational assistance benefits in excess of 1 month and 13 days under the Post-9/11 GI Bill was denied as he had already exhausted his entitlement under Chapter 30, leaving him with no legal entitlement to more than the remaining 36 months of educational assistance benefits.

The Board has remanded the claims for service connection for residuals of multiple fractures and injuries to the right hand, as well as a respiratory disability. The Veteran's testimony and medical records indicate potential connections to service, but further examination is needed to determine if these conditions are related.

The Board has decided to remand the case due to new evidence submitted by the Veteran and a need for a contemporaneous VA examination.

The Veteran's claim for a higher disability rating for residuals of recurrent epididymitis, sensitivity, and tenderness status post vasectomy is granted to a 10 percent rating. The evidence is at least in equipoise as to whether the criteria are met for a higher 10 percent rating due to pain requiring medication or intermittent intensive management.

The Veteran's cause of death, anaplastic astrocytoma (brain cancer), is found to be related to his service aboard nuclear submarines where he was exposed to ionizing radiation. The Board finds the evidence in approximate balance and grants service connection for the cause of death on a direct basis.

The Board has decided that the Veteran's claim for service connection for congestive heart failure should be remanded due to inadequate medical opinion and need for additional information regarding his Gulf War exposure.

The Veteran requested to withdraw his appeal for an increased rating of service-connected left glenohumeral joint debridement and open arthroplasty with acromioclavicular joint excision and subacromial bursectomy.

The Board has remanded the case for a new opinion addressing whether the Veteran's cause of death was related to his service, including his time in Korea. The expert must determine the type of leukemia and its onset, as well as any potential exposure during service.

The Board denied service connection for neurological impairment of the left upper extremity and a skin disorder, finding no evidence linking these conditions to service.

The Board found that the reduction of nonservice-connected pension benefits from February 1, 2016 was proper and denied entitlement to a higher rate of nonservice-connected pension from July 1, 2017 due to the Veteran's concurrent receipt of service-connected disability compensation with a total disability rating based on individual unemployability (TDIU).

The Board has remanded the case for further development and consideration of the Veteran's claims, including obtaining additional medical records and a retrospective medical opinion regarding her service-connected residuals of a hypoxic brain injury.

The Veteran's claims for increased ratings for his service-connected degenerative joint disease of the left hip are being remanded due to a lack of adequate reasons and bases in the March 2022 Board decision, specifically regarding whether the symptoms result in the functional equivalent of ankylosis.

The Board has determined that the Veteran's Congestive Heart Failure (CHF) may be related to an electric shock suffered during service in Iraq, and therefore remands the case for further evaluation.

The Board denied service connection for myeloproliferative disease with essential thrombocytosis, finding no evidence of a nexus to service or herbicide exposure.