Other conditions decisions — 2023

The Board has granted the Veteran's claim to reopen for service connection of an umbilical hernia, finding that new and material evidence was received. The Board denied service connection for scars, post-hernia surgery, right foot disability, and left foot disability.

The Board has decided to remand the case due to the need for further examination and evaluation of the Veteran's right thigh, hip, or groin injuries. The Veteran is also requesting clarification on in-service notations that may be incorrect.

The Veteran's claim for an initial rating higher than 70 percent for service-connected adjustment disorder was denied. The Board remanded the matter due to VA failing to obtain all relevant treatment records and SSA records.

The Board has remanded the cases for a VA opinion regarding whether the Veteran's gastrointestinal cancer is related to his in-service exposure to herbicide agents, including Agent Orange. The issues of service connection for both gastrointestinal cancer and metastatic liver cancer are now pending.

The Board denied an effective date prior to February 2, 2017 for the award of DIC benefits due to lack of a formal claim within one year of the Veteran's death.,Accrued benefits were also denied as no formal application was submitted within one year after the Veteran's death.

The appellant is not entitled to a pension payment for the month of her father's death as she was not his surviving spouse.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) for the period from September 21, 2007 to June 11, 2011 has been dismissed as the claim was opted into the modernized review system.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions regarding his infertility and sleep disabilities. The Board found that there is insufficient evidence to reopen the claims for skin disabilities of the right and left arms, as well as infertility and sleep disabilities.

The Board has remanded the Veteran's claim for a disability evaluation for a balance disorder as a separate manifestation of his service-connected left ear hearing loss due to insufficient findings and opinions in the October 2022 VA examination report.

The Board has found that the overpayment of Chapter 33 education assistance was properly created and is valid. However, there are issues regarding whether a waiver of recovery of this overpayment should be granted. The case is being remanded to allow for proper consideration of these issues.

The Board has decided to remand the case due to incomplete records and need for clarification regarding various aspects of the Veteran's shoulder condition, including pain levels, medication use, ankylosis, and scars. The Veteran will be asked to provide additional information during a VA examination.

The Board has granted an initial disability rating of 20 percent for the Veteran's service-connected left foot condition, which includes fractures of the great and second toes. The rating is based on moderate symptoms including pain, stiffness, locking, crepitus, and pain on repeated use.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's current bladder disabilities and documented instances of abnormal urethral discharge in service.

The Veteran's appeal is being remanded for further review of the validity of an overpayment debt and a waiver request. The VA will conduct a paid and due audit, clarify the debt amount, and adjudicate both issues.

The Veteran's claim for a rating in excess of 80 percent for service-connected loin pain hematuria syndrome is denied. The condition does not meet the criteria for a 100 percent rating due to lack of markedly decreased function of kidney or other organ systems, especially cardiovascular.

The Veteran's adjustment disorder with depressed mood is caused by his service-connected right elbow disability, and the claim for this condition is granted.

The Veteran's evaluation for a fractured jaw was granted at 20 percent, but no higher, prior to July 9, 2021. The evaluation in excess of 20 percent for the same condition as of July 9, 2021, is denied.,A TDIU based on service-connected disabilities was granted prior to February 1, 2021.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) under the legacy appeals system has been dismissed as he withdrew his claim by submitting a Request for Higher-Level Review.

The Veteran's appeal for special monthly compensation (SMC) based on aid and attendance or housebound criteria has been dismissed due to the death of the Veteran in February 2023.

The Board has remanded the case due to inadequate consideration of evidence and need for clarification on service connection and aggravation issues.