Other conditions decisions — 2023

The Board has decided that the appellant's claim for a special apportionment in excess of $125 prior to July 1, 2016, and in excess of $500 from July 1, 2016 is denied. The appeal is also remanded for consideration of an earlier effective date for the grant of an apportionment of the Veteran's VA disability compensation benefits.

Your appeal for a total rating based on individual unemployability due to service-connected disability has been dismissed because the Veteran died before a decision was made.

The Veteran's current disability of bilateral upper extremity rhabdomyolysis, including its residuals, is granted as service connected.

The Veteran's service-connected residuals of bilateral collapsed lung surgery (spontaneous bilateral pneumothorax) are granted a 30 percent disability rating beginning June 26, 2018.

The Veteran withdrew his appeal before the Board could make a decision.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's cause of death. Further development is needed.

The Veteran's service-connected large cell lymphoma and its left supraclavicular area disability are being remanded for further evaluation due to the lack of recent medical records and a need for an updated examination.

The Veteran's prostate disability is rated at a 40 percent rating, but no higher, based on voiding dysfunction with hourly daytime voiding and nighttime voiding two times per night. The Board granted this rating as it resolved reasonable doubt in favor of the Veteran.

The Board denied the Veteran's claim for a separate rating for bowel incontinence associated with and/or secondary to his service-connected low back disability, finding that there was no evidence of aggravation by his service-connected condition.

The Board denied the Veteran's claim for service connection as there is no current disability of residuals of a heat injury, and the evidence does not show that her symptoms amount to functional impairment.

The Board denied service connection for Chiari I malformation with syringomyelia, including residuals of surgical treatment, finding that the Veteran's condition was a congenital defect and there was no additional disability superimposed by service.

The Board denied the Veteran's request for a waiver of overpayment of VA compensation benefits, finding that recovery would not defeat the purpose of the benefits and that the Veteran was not at fault in creating the debt. The appeal is based on an overpayment created due to concurrent receipt of VA disability compensation and active service pay.

The Board has remanded the Veteran's claim for service connection for Restless Leg Syndrome, including as due to Gulf War exposures. The case is being returned for further development and examination to address the nature, etiology, and pathophysiology of the Veteran's RLS in light of his presumptive exposure during his Gulf War service.

The Board has determined that the decision on appeal is an August 2021 decision issued by the AOJ, and it finds a pre-decisional error in determining the Veteran's eligibility for PCAFC benefits. The case is being remanded to reassess the need for personal care services based on updated criteria.

The Board has remanded the Veteran's claim for service connection for bilateral arthritis, unspecified due to insufficient evidence of a direct relationship between his current condition and his military service.

The Veteran's lumbar spine disability is rated at 10 percent, the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board found that her symptoms did not meet or approximate the criteria for a higher rating.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities prior to April 15, 2013 has been dismissed as the appellant withdrew his appeals.

The Board has determined that the Veteran's uterine prolapse and residuals of a hysterectomy did not manifest in service, and there is no evidence to support a finding of chronic disability resulting from these conditions. The Veteran's symptoms began after her military service, and she underwent surgical treatment for these conditions post-service.

Your TDIU claim has been granted and you are now receiving the maximum disability rating for your condition. The appeal is dismissed as a result.

The Board has remanded the Veteran's claims of entitlement to initial compensable evaluations for his service-connected left index finger and left long finger disabilities due to inadequate examination findings regarding flare-ups.