Other conditions decisions — 2023

The Veteran's claims for an increased rating for chronic iritis of the right eye and TDIU are being remanded due to new evidence received after the August 2022 SSOC.

The Board has remanded the case due to incomplete development, specifically the need for SSA records relevant to the Veteran's TDIU claim.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for left hand, third metacarpal fracture and for an initial compensable rating for left hand, fourth metacarpal fracture due to unclear symptoms and need for updated VA examination.

The Board has denied the Veteran's claim for service connection for blurry vision as a residual of traumatic brain injury (TBI) due to conflicting medical opinions. The case is remanded for further examination and opinion regarding physical residuals of TBI.

The Board has remanded the case due to a dispute over the validity of the $21,157.00 debt related to the Veteran's pension benefits. The matter will be adjudicated again by the RO.

The Veteran's left shoulder degenerative joint disease is rated at 20 percent, and a separate 20 percent rating for left shoulder dislocation is granted.

The Board has remanded the case due to a lack of medical opinion regarding the cause of the Veteran's death, specifically esophageal cancer. The appellant contends that exposure to herbicide agents may be related to the condition.

The Veteran's right knee disability, characterized by chondromalacia patella and degenerative joint disease, was evaluated at a 10% rating prior to June 4, 2019. The Board found that the flexion limitation did not warrant a higher rating based on considerations in 38 C.F.R. § 4.40 and 4.45.

The Veteran's appeal for a higher disability rating for service-connected panic disorder with agoraphobia was denied. The Board also denied the claim for TDIU, but granted an earlier effective date of February 17, 2012, for the 40 percent rating and increased it to 70 percent.

The Veteran's status post salpingectomy has resulted in symptoms that require continuous treatment, and her infertility necessitates the use of IVF. The Board granted a 10 percent rating for this condition. Additionally, the Veteran is found to be unemployable due to her service-connected disabilities.

The Board has remanded both the Veteran's claim for service connection for gout and his TDIU claim prior to September 30, 2017. The issues are inextricably intertwined due to evidence developed during adjudication of the gout claim that could significantly impact the TDIU decision.

The Board has decided to remand the case due to inadequate opinions regarding the nature and etiology of the Veteran's claimed memory loss, which is separate from his service-connected major depressive disorder.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's right fifth finger disability. A new VA examination is needed to determine if the condition is related to service.

The Veteran withdrew his appeal for all issues, including the claim for compensation under 38 U.S.C. § 1151 for a disability manifested by fatigue.

The Board denied the Veteran's claim for a rating in excess of 40 percent for residuals of his left leg gunshot wound, finding that the most severely injured muscle group (XIV) warranted a maximum 40 percent rating.

The Board has denied service connection for a residual burns of the right leg disability due to lack of current diagnosis. The claim for residuals of a right hand/finger disability is remanded for further examination and opinion.

The Board has denied the Veteran's claim for service connection of TMJ as there is no current diagnosed disability.

The Veteran's service-connected bilateral foot condition is currently rated at 30 percent, and the Board has decided to remand this issue for further development.

The Board has granted service connection for a sleep disorder, specifically shift work sleep disorder, finding that the Veteran's in-service shift work could cause misalignment between internal circadian physiology and her required work schedule.

The Board has determined that additional development is needed for the Veteran's claims of service connection for left elbow and hand disabilities, as well as low back and neck disabilities. The VA examinations conducted in August 2022 were deemed inadequate due to lack of consideration of certain medical records and improper reliance on lack of treatment post-service.