Other conditions decisions — 2023

The Veteran's claim for service connection for liver cancer was granted at 100% disability in October 2016, and the appellant is not eligible for accrued benefits as she does not satisfy one of the statutory family members under the governing statute.

The Veteran's appeal for a separate 10 percent rating for redness and irritation due to his service-connected eye disability is granted. The issue of a higher than 30 percent rating for blurred vision and twitching of the left eye remains pending.

The Board has determined that additional development is needed to determine if the Veteran's death was caused by a service-connected condition or contributed substantially to his death. This includes obtaining VA and private treatment records, as well as authorization for release of any relevant private medical records.

The Veteran's service-connected right-hand and left-hand arthralgia, thumb disabilities are currently rated at 10 percent each. The evidence does not support a higher rating as the condition does not meet criteria for ankylosis or limitation of motion with more than two inches gap between the thumb pad and fingers.

The Board denied the appellant's claim for an apportionment of the Veteran's VA compensation benefits during a period of incarceration from July [REDACTED], 2009 through July [REDACTED], 2010, finding that the appellant did not meet the basic regulatory requirements for an apportionment at the time his application was received by VA.

The Board has remanded the issues of increased ratings for left and right leg shin splints due to inconsistencies in evidence and need for further examination.

The Board denied a request for an effective date prior to May 1, 2016, for additional dependency compensation for the Veteran's spouse due to lack of notification of the change in dependency status.

The Veteran withdrew his appeal, so the case is dismissed.

The Board denied the Veteran's claim for service connection for atherosclerotic vascular disease and atherosclerosis of the aorta, finding that there was no evidence linking these conditions to his in-service herbicide agent exposure.

The Veteran's right little finger disability is currently rated as noncompensable due to painful motion without limitation of motion, and no higher rating is warranted.

The Board denied service connection for a gastrointestinal condition, including diverticulitis and ulcerative colitis, finding that the evidence does not support a link to service or secondary to a pre-existing condition.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's dental disability, specifically related to in-service trauma or disease. The case is now pending for further development and an adequate medical opinion.

The Veteran's left ear surgery for a perforated tympanic membrane resulted in a temporary total evaluation (TTE) from January 27, 2017 to March 31, 2017 due to the need for work-prohibiting medications.

The Board denied the Veteran's claim for service connection for a genital disability, finding that it did not have its onset during service and is not otherwise related to service. The Board also found no causal relationship between the current genital disability and the service-connected bilateral orchiopexy scar.

The Board denied the claim for service connection for cause of the Veteran's death, finding that there is no evidence to support a link between his service-connected conditions and his death from acute myeloid leukemia due to or as a consequence of primary myelofibrosis.

The Board has dismissed the appeal due to the Veteran's death, and no compensation is granted for rectus muscle disability with seroma/hematoma.

The Board has remanded the case due to failure to address whether VA's carelessness, negligence, or similar fault caused the Veteran's decreased visual acuity of the left eye. The case will be returned for further development and consideration.

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse, finding that she was not married to the Veteran at the time of his death and did not meet the criteria for VA survivor benefits.

The Board has remanded the cases due to insufficient information provided by the appellant and his representative. The AOJ is instructed to request all necessary documentation for pension and survivor pension claims.

The Board has remanded the Veteran's claims for service connection for a prostate disability and an initial compensable rating for hypertension due to additional evidence being added to the claims file after the AOJ last decided them.