Other conditions decisions — 2023

The Board has remanded the claims for a rating in excess of 40 percent for a post-surgical right foot drop (right foot neurological disorder) and for entitlement to a total rating based on individual unemployability (TDIU). The Veteran needs to provide updated medical evidence, including from Dr. Arthur Wolfson, Dr. Jennifer Brown, and the Naval Medical Center, and his employment history must be provided.

The Board has referred the issue of special monthly compensation (SMC) based on need for regular aid and attendance or by reason of being housebound to the AOJ for further review. The Veteran is currently deemed eligible for SMC due to his service-connected PTSD with alcohol and drug abuse, but a new VA examination will be conducted to reassess his eligibility.

The Board denied service connection for squamous cell carcinoma right base of the tongue, finding it not a respiratory cancer and less likely than not caused by military service or Agent Orange exposure.

The Board has remanded the claims for a disability rating higher than 10 percent for supraventricular arrhythmia prior to October 8, 2014, and a rating higher than 30 percent thereafter. The TDIU claim is also remanded due to its inextricability with the supraventricular arrhythmia issue.

The Veteran's skin disability is currently rated at 10 percent, but the Board has determined that it does not meet or approximate the criteria for a higher rating due to insufficient evidence of systemic therapy.

The Veteran's right macular hole with phototoxicity is granted an increased rating to 30 percent, effective from March 6, 2014. Special monthly compensation (k) for loss of use of the right eye and SMC(S) at the housebound rate are also granted.

The Board has dismissed the appeals for Total disability rating based on individual unemployability (TDIU) and Special monthly compensation (SMC) at the housebound rate as the Veteran withdrew his appeal prior to a decision.

The Board denied the Veteran's claim for service connection for a respiratory condition, including pulmonary fibrosis, finding that there was no evidence to support a link between his current conditions and active service or herbicide exposure.

The Board has remanded the claim for a VA examination to determine if the Veteran's right foot disability is related to service or any event, injury, or disease during service, and whether it is caused by or aggravated by his service-connected callus of the right foot.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that they were legally divorced at the time of his death and thus not meeting the legal criteria to establish status as a surviving spouse for VA benefits.

The Board denied the Veteran's claim for service connection for thoracic aortic aneurysm, finding no evidence of a nexus between his current condition and his military service or any service-connected disability.

The Veteran's non-Hodgkin's lymphoma and chronic lymphocytic leukemia are granted as service connected due to exposure to herbicide agents during his time in Thailand.

The Veteran's surviving spouse is recognized for the purpose of establishing eligibility to VA death benefits, and the appeal related to DIC, NSC death pension, and accrued benefits is granted.

The Board has decided to remand the case due to the need for additional development regarding the Veteran's scars from a tubal ligation procedure during service. The VA will seek an opinion on whether these scars were aggravated by service and if they are related to her current infertility.

The Veteran's claim for education benefits under Chapter 33 (Post-9/11 GI Bill) in excess of the 70 percent level was denied as he did not meet the criteria for an 80 percent rate due to his ROTC scholarship obligation. The Board found that only a 70 percent payment rate could be awarded.

The Board has remanded the case due to insufficient evidence regarding the Veteran's hand pain prior to April 13, 2018. A retrospective VA opinion is needed to clarify whether the Veteran experienced painful motion before that date.

The Board found that VA over-recouped funds for military drill pay and ordered a refund of $1,359.93. The reduction in VA disability compensation was deemed proper but the recoupment amount was incorrect.

The Board has granted service connection for interstitial lung disease as secondary to the Veteran's service-connected rheumatoid arthritis of the neck, shoulders, elbows, wrists, hands and ankles.

The Board has found the November 2019 VA examination inadequate for rating purposes due to internal contradictions and remanded for clarification of the extent of functional loss.

The Board denied the Veteran's request for an earlier effective date prior to November 15, 2017, for the award of dependency benefits based on school attendance for his adult child G.R. The claim was filed more than one year after G.R. started college courses.