Other conditions decisions — 2023

The Board has remanded the claims for service connection for right elbow arthritis and a disability manifested by shortness of breath due to additional development being necessary.

The Board has remanded the case due to new evidence submitted by the Veteran. The TDIU issue will be reconsidered after reviewing this additional evidence.

The Board has remanded the claims of service connection for right eye, hip, and foot disorders due to a lack of recent medical evidence from the period when the Veteran was incarcerated.

The Veteran's appeal is remanded for a new VA examination to address his service-connected eye disabilities and any other diagnosed eye conditions. The issues of entitlement to service connection, increased disability ratings, and secondary service connection are inextricably intertwined.

The Board has decided that the Veteran's TDIU should have been granted earlier than November 29, 2017. However, due to missing Social Security Administration (SSA) records, the AOJ needs to request these records and consider their relevance to the appeal.

The Veteran requested to withdraw his appeal, and the Board dismissed it as a result.

The Board has remanded the case due to new evidence being added to the record and not yet considered by the AOJ. The Veteran's claim for service connection for left hip tendonitis, which is secondary to a right hip disorder and low back disorder, will be reconsidered.

The Veteran's right forearm disability was denied an increased rating prior to December 1, 2022 and from December 1, 2022 onward. The Veteran's right foot fracture with foot strain and myofascial pain was also denied an increased rating.,A total rating based on individual unemployability (TDIU) on an extraschedular basis was granted.

The appeal has been dismissed because the Veteran died before any apportionment could be made, and therefore there is no longer a benefit to apportion.

The Board has granted a 20 percent apportionment of the Veteran's VA compensation benefits to the appellant on behalf of M.B. until her 18th birthday in June 2017, based on financial hardship and an increase in the Veteran's compensation amount.

The Board has remanded the case due to a failure of the Veteran to provide necessary information about his occupational history. The Veteran is asked to complete and return an Application for Increased Compensation Based on Unemployability (VA Form 21-8940) detailing all employment, including part-time employment and self-employment.

The Board has granted a reduction in the evaluation of non-Hodgkin's lymphoma from 100% to 0%, effective November 1, 2017. A separate rating for folic acid deficiency is also granted at 10%. The SMC reduction was denied.

The Board has decided that the VA examinations and opinions regarding the etiology of the Veteran's liver and colon cancer disabilities are inadequate. The case is being remanded to obtain a new examination which addresses whether the cancers are at least as likely as not proximately due to, or aggravated by, his service-connected epilepsy.

The Board has remanded the case due to insufficient development and requests that a Supplemental Statement of the Case be issued.

The Board denied the termination of an apportionment of the Veteran's VA disability compensation benefits to his former spouse, E.I., as their divorce became final on May 1, 2013. The appellant disagreed with this decision and claimed she was not aware of the divorce due to religious beliefs.

The Board has remanded the Veteran's claims for service connection and rating issues due to new evidence of his foot condition, right knee arthritis, and right ankle disability. The TDIU claim is also remanded.

The Veteran's right eye pterygium and bilateral pinguecula were granted a disability rating of 20 percent, effective from May 13, 2018. Prior to this date, the disabilities did not meet criteria for a compensable rating.

The Board has decided that the eligibility for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) is remanded due to legal inadequacies in previous decisions. The decision also requires an adequate medical opinion and a compliant notice regarding the eligibility determination.

The appeal for eligibility to benefits under the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) is dismissed due to the Veteran's death.

The Veteran's peritoneal carcinomatosis adenocarcinoma was causally related to his herbicide exposure in service, and the Board granted service connection for this condition.