Other conditions decisions — 2023

The Board has decided that an apportionment of the Veteran's VA benefits to the appellant is not appropriate and has remanded the matter for further action.

The Board has granted a 60 percent rating for adenocarcinoma of the prostate from September 1, 2016 to September 17, 2019.

The Board has decided that the Veteran's upper thoracic strain is not service-connected, and a new VA medical opinion is needed to address whether his back condition is aggravated by his shoulder condition.

The Board dismissed the appeal due to the appellant's withdrawal of all remaining issues.

The Board has remanded the cases for additional development to obtain relevant private treatment records related to the Veteran's Hodgkin's Lymphoma, including from Camp Lejeune exposure.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of a right foot ORIF procedure is remanded due to the need for additional records and consent forms.

The Board has determined that there is no current diagnosis of any bilateral upper or lower extremity disabilities, and the Veteran's symptoms are not compensable under other diagnostic codes. The Board finds service connection for the claimed conditions is denied as there is no evidence of a nexus between the Veteran's active duty service and his reported symptoms.

The Board dismissed the motion because a separate March 2022 decision already granted the benefits sought in the original motion.

The Board has granted service connection for the cause of the Veteran's death due to his service-connected impairment of sphincter control. The DIC claim under 38 U.S.C. § 1318 is dismissed as moot.

The Board has decided to remand the case due to incomplete records and the need for a VA clinician's opinion on when the Veteran stabilized. The case will be reviewed again after these actions.

The Board denied the Appellant's claim for accrued benefits as his application was received more than one year after the death of his mother, and he did not meet the eligibility criteria for a child under VA regulations.

The Board has established continued entitlement to Dependents' Educational Assistance (DEA) benefits, but the issue of retroactive DEA benefits is remanded for further adjudication.

The Board has remanded the case due to lack of substantial compliance with previous directives and for an addendum opinion regarding the Veteran's reproductive disorder, including infertility and oligospermia. The examiner is requested to provide an opinion on whether the condition had its onset in service or was caused by exposure to environmental toxins or substances during his service in Afghanistan and Iraq, including burn pits.

The Board denied the request to reopen a previously denied claim for service connection of bilateral shin splints, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Board dismissed the appeal due to the appellant's death, as they have no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has decided to remand the case due to issues with verifying military service and income/net worth requirements for VA death benefits. The appellant needs to provide her late husband's service number, information about her own financial situation, and details of any mental health treatment at Camp Blanding.

The Veteran's appeal of the attorney fees award was untimely, and thus his appeal is denied.

The Veteran's claim for service connection for an additional disability attributable to Gulf War Illness is denied as he does not have a qualifying chronic disability that became manifest during his service in the Southwest Asia theater of operations.

The Board has granted the Veteran's claim for service connection for myelodysplastic syndrome (MDS), finding that it is as likely as not related to his exposure to herbicide agents during service, specifically Agent Orange.

The Board denied compensation under 38 U.S.C. § 1151 for left femur fracture and shortening of the left lower extremity, as well as a temporary total disability rating due to hospitalization related to the surgery.