Other conditions decisions — 2023

The Board has determined that the Veteran's service while on medical hold under 10 U.S.C. § 12301(h) qualifies as qualifying active duty for purposes of Post-9/11 GI Bill educational assistance, and thus both periods are considered in determining eligibility. The overpayment claims are dismissed as moot because there is no valid debt.

The Board has found that the Veteran's right hand strain disability was not present until more than one year following discharge and is not etiologically related to active-duty service. The left hand condition issue remains pending for further examination and opinion.

The Board denied the claim for an earlier effective date for the grant of special monthly pension based on the need for regular aid and attendance, finding that there is insufficient evidence to establish receipt of a claim prior to November 25, 2016.

The Board has previously found that the Appellant's NROTC indoctrination training is INACDUTRA and could potentially establish eligibility for VA benefits. However, attempts to obtain her NROTC records have been unsuccessful due to insufficient information provided in previous requests.

The Veteran's claim for increased ratings for his right leg disability prior to December 9, 2013 was denied. From December 9, 2013, the rating remained at 30 percent.

The Veteran withdrew his appeals for automobile and adaptive equipment based on a service-connected disability, as well as special monthly compensation based on aid and attendance.

The Board denied a disability rating in excess of 10 percent for the Veteran's residuals of a right inguinal hernia repair, finding that the evidence did not meet the criteria for such an increase.

The Veteran's claim for a higher rating for traumatic arthritis of the cervical spine was denied as his symptoms did not meet the criteria for a disability rating greater than 20 percent prior to June 12, 2018, and greater than 30 percent beginning that date.

The Board denied service connection for gout with arthritis and ischemic heart disease, including as a result of exposure to Agent Orange or other chemicals, due to lack of evidence showing the conditions were incurred in service.

The Board has decided to remand the Veteran's claim for service connection for IBD, including UC and Crohn's disease. The case is being sent back for a new opinion that considers the Veteran's assertions about PTSD affecting his symptoms of UC.

The Veteran's left knee condition, including a femoral condyle with grade II injury and stress fracture of the tibial plateau, is currently rated at 10 percent. The Board found no evidence to support an increased rating.

The Board has found that the medical opinions obtained thus far addressing the etiology of the Veteran's bilateral lower extremity neurological disabilities have been inadequate. The appeal for service connection is remanded due to insufficient analysis in previous opinions.

The Board has decided to remand the case due to insufficient medical evidence to determine if the Veteran's gout is related to his service. The claim will be returned for a VA examination.

The Board denied service connection for neurological problems, finding no current disability and insufficient evidence to link the symptoms to service.

The Board has remanded the case for a VA examination to evaluate the Veteran's claim for a bilateral foot disability, including Morton's neuroma and metatarsalgia. The examiner is to identify all diagnosed foot disorders during the appeal period and determine their relationship to service-connected conditions.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's keratoconus, bilateral eyes. The claim will be returned for further development and an examination by a VA clinician.

The Board denied the Veteran's claim for an earlier effective date for service connection of chronic lymphocytic leukemia (leukemia) due to lack of new and material evidence within one year of notification of the December 2006 rating decision, which is considered final.

The Board has decided to remand the case due to inadequate opinions regarding service connection for ptosis, corneal pellucid marginal degeneration, and vitreous floaters. The Veteran's bilateral pseudophakia is already service connected.

The Board dismissed the appeal regarding the Veteran's request for an earlier effective date for his spouse as a dependent, due to the Veteran withdrawing the appeal before a decision was made.

The Board has remanded the reduction from 100 percent to 10 percent for adenocarcinoma of the colon and the rating issues for the period from March 1, 2016, to November 3, 2021, as well as beginning November 4, 2021.