Other conditions decisions — 2023

The Board has determined that the remand is necessary to obtain a medical opinion regarding whether the Veteran's umbilical hernia clearly and unmistakably preexisted service, was aggravated by service, or is related to an in-service injury, event, or disease.

The Board denied the Veteran's claim for service connection for dental condition to include missing teeth, finding no evidence of a diagnosed disability listed under VA compensation criteria.

The Veteran's claim for attorney fees based on past-due benefits awarded in a July 2016 rating decision is dismissed as Attorney J.D. has waived her rights to the fees.

The Veteran's claims for increased ratings for right and left knee disabilities from March 6, 2018 to November 4, 2021 are being remanded due to the inadequacy of a previous VA examination report. The Board will seek additional development including a retrospective medical opinion.

The Board denied the Veteran's request to terminate a $72 per month apportionment of his VA compensation benefits to his minor child, A.S., finding that a general apportionment was appropriate and that the criteria for termination were not met.

The Board has granted service connection for squamous cell carcinoma of the tonsil, finding that it is at least as likely as not caused by herbicide exposure in Vietnam. The decision resolves a conflict between positive opinions and one negative opinion.

The veteran's service was less than 180 days, and he did not have a service-connected disability at the time of discharge. Therefore, he does not meet the eligibility criteria for VA home loan guaranty benefits.

The Board denied the Veteran's claims for service connection for right and left hip strain as secondary to his service-connected lumbar strain due to lack of a causal relationship between the conditions.

The Board has dismissed the Veteran's claim for an earlier effective date for his service-connected bilateral diplopia as a freestanding claim over which it has no jurisdiction.

The Veteran's claim for service connection for gastric emptying (dumping syndrome) is remanded due to the need for updated VA treatment records and additional evidence.

The Board has remanded the case for further development due to unclear impairment and need for additional medical opinion regarding the Veteran's left lower extremity meralgia paresthetica and iliotibial band syndrome.

The Board denied the Veteran's claim for service connection for bovine spongiform encephalopathy (mad cow disease) due to a lack of current diagnosis and insufficient evidence linking any past exposure to the condition.

The Board has remanded the claims for additional development due to non-compliance with prior remand directives. The Veteran's thoracic spine disability claim and TDIU claim are both being remanded.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence linking the brain tumor to his military service or any service-connected disability.

The Board denied service connection for urinary disability and remanded the issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) from October 21, 2015 through October 10, 2018.

The Veteran's claim for an increased rating in excess of 10 percent prior to March 1, 2018 was denied.,The Veteran's claim for an increased rating in excess of 20 percent from March 1, 2018 was also denied.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's substance use disorder is related to his service-connected disabilities, specifically GERD and unspecified anxiety disorder (previously rated as OCD).

The Veteran withdrew his appeal of the issue regarding payment for non-VA medical services performed on June 26, 2018. As a result, the Board dismissed this matter.

The Board has determined that additional development is needed to determine if the non-VA medical expenses incurred by the Veteran were covered by Medicare or other health plans, and to consider whether the provided Medicare Payment Summaries are adequate for reimbursement purposes.

The Veteran's surviving spouse was entitled to unpaid Special Monthly Pension (SMP) benefits at the time of her death due to her need for aid and attendance, and she paid for her mother's last sickness and burial expenses. The claim is granted.