Other conditions decisions — 2023

The Veteran's claim for a total disability evaluation based on individual unemployability (TDIU) is denied as the effective date cannot be earlier than September 7, 2018 due to the one-year time limit and concurrent intent to file.

The appeal was dismissed due to the Veteran's death, and no final decision can be made.

The Veteran's claims for service connection for a sleep disability, including narcolepsy, and TDIU are remanded due to duty to assist errors. An adequate VA examination is required.

The Board has decided that the claims file is incomplete and remands for additional evidence to be obtained, including VA medical records from 2020-2021 and the Veteran's Application for Annual Clothing Allowance for benefit year 2020.

The Board has dismissed the Veteran's claims of service connection for left side of face nevus of oculodermal melanocytosis (nevus OTA), a skin condition, and syncope due to his active service. The Veteran withdrew his claim for nevus OTA during a hearing in November 2023, and there is no current evidence of a skin condition or syncope.

The Veteran withdrew the appeal regarding the rating reduction from 70 percent to noncompensable for MDD effective December 1, 2019.

The appeal for service connection of BPDCN is dismissed due to the appellant's death.

The Board has decided to remand the case due to failure to obtain appropriate VA examinations as per the January 2023 Board remand. The Veteran's claim for a higher rating for polymyalgia rheumatica is being reviewed.

The Board denied the Veteran's claims for service connection for TMJ, finding that there was no evidence of a nexus between his current TMJ and active service or his service-connected right trigeminal nerve disability.

The claims for service connection for Barrett's esophagus disorder and idiopathic pulmonary fibrosis have been reopened due to the submission of new evidence.,An initial 70 percent disability rating has been granted for severe, recurrent major depressive disorder without psychotic features.

The Veteran's Hodgkin's lymphoma is presumed to have been incurred as a result of herbicide agent exposure in the territorial waters of Vietnam, and service connection for this condition is granted.

The Board has determined that the Veteran's cardiovascular disorder claim requires additional development due to new evidence received and VA treatment records not previously considered. The case is being remanded for a new VA examination.

The Board dismissed the appeal regarding whether the VA Form 9 Appeal was timely submitted and also dismissed the claim for service connection for a conversion disorder.

The Veteran's initial claim for a disability rating of 10 percent for Restless Leg Syndrome is granted, effective February 16, 2018. The condition is rated as moderate.

The Board denied a separate rating for femoral acetabular impingement syndrome, impairment of femur (claimed as left hip) under DC 5255 because the Veteran's medical records did not show malunion or nonunion of the femur with moderate hip disability.

The Veteran's service connection claim for a prostate condition is remanded due to the need for a VA examination and an opinion on whether his current condition is related to his in-service exposure to herbicide agents.

The Veteran's claim for a clothing allowance for topical medication used due to a service-connected disability is being remanded as the VA cannot locate necessary documents and records.

The Board denied the Veteran's challenges to the lack of disbursement of past-due payments based on the grant of service connection for right-elbow and left-elbow conditions, as these awards did not produce any past-due benefits due to their effective dates and ratings.

The Board has remanded the case due to insufficient evidence regarding the validity of the overpayment debt and whether VA was solely responsible for the appellant being erroneously paid benefits. The Veteran is requested to provide an updated Financial Status Report, and the AOJ must create a clear accounting of how the housing allowance payments were calculated.

The Board has granted service connection for the Veteran's pulmonary fibrosis, finding that it is at least as likely as not caused by his presumed exposure to herbicide agents during his military service.