Other conditions decisions — 2023

The Veteran's TMJ condition is currently rated at 20% effective September 25, 2014. The Board finds the evidence sufficient to grant a higher rating for this condition. However, the Veteran's right hand disability remains rated as noncompensable and requires further examination to determine its current severity.

The Board has remanded the case due to inadequate opinions regarding the Veteran's dementia and its relation to service-connected PTSD, carotid endarterectomy, and other factors. Additional medical opinions are needed from a psychiatrist and neurologist.

The Board denied the appellant's request for Post-9/11 GI Bill educational assistance benefits through transfer of entitlement beyond her 26th birthday, as she was not prevented from pursuing a chosen program of education by reason of acting as the primary provider of personal care services for her father before her 26th birthday.

The Veteran's granddaughter did not file a formal claim for accrued benefits within one year of VA forwarding her a VA 21-601 Application for Reimbursement from Accrued Amounts Due a Deceased Beneficiary. As a result, the appeal is denied.

The Veteran's unauthorized non-VA medical care on August 31, 2016 was not considered a 'medical emergency' as the condition did not pose a serious threat to life or health. The Board found that a prudent layperson would not have expected delay in seeking immediate medical attention to be hazardous.

The Board has determined that the Appellant's discharge from service was due to willful and persistent misconduct, which constitutes a bar to VA compensation benefits. The Board found no evidence of insanity at the time of the misconduct.

The Board has remanded the case for further development, including obtaining updated VA treatment records and requesting an etiological opinion from a suitable examiner. The Veteran's eye conditions are being evaluated in relation to his reported assault during service and exposure to contaminated water at Camp Lejeune.

The Board has remanded the Veteran's claims for incomplete traumatic myelopathy, T1-T2 motor and sensory with Brown-Sequard Syndrome (spinal cord injury), secondary to a service-connected traumatic brain injury (TBI) and skin condition, to include as manifested by lumps or boils in or on the skin. The reasons are that further development is needed for both claims.

The Veteran withdrew their appeal for a total disability rating for compensation purposes based on individual unemployability (TDIU) due to service-connected disabilities. The Board dismissed the case as there are no longer any issues pending.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's degenerative joint disease of the spine is related to his military service.

The Board has remanded the case due to a need for additional medical opinions regarding whether the Veteran's cause of death, cerebrovascular accident, is related to his conceded exposure to Agent Orange and his presumptively related hypertension.

The Board denied the Veteran's claim for additional dependency compensation because there was insufficient evidence to establish that L.K.'s marriage to him was valid, and therefore her children could not be considered stepchildren eligible for benefits.

The appellant withdrew his appeal, and the Board dismissed it.

The Board has remanded the Veteran's claims for service connection and rating determinations related to his hands, fingers, left great toe, and right great toe. The issues include assessing whether any disabilities are related to active service or secondary to pre-existing conditions.

The Veteran's appeal is dismissed due to his death, and no final decision can be made on the merits of the case.

The Board has determined that there is no causal relationship between the Veteran's right eye disability and his active service, thus denying his claim for service connection.

The Board denied the Veteran's claim for service connection for a right testicular disorder, including epididymitis with transient hydrocele, finding no evidence of a link between his current condition and his period of active service.

The Board denied the veteran's claim for nonservice-connected pension benefits because his service did not qualify him under VA regulations. The veteran served in the National Guard but was discharged from active duty training, which does not meet the requirements for qualifying service.

The Board denied service connection for a right elbow condition, to include as secondary to the right knee disability. The claim for left elbow and gastrointestinal disorders is remanded.,There is no evidence of a current right elbow condition related to service or secondary to a service-connected condition.

The Veteran and the appellant were married in November 1976, but their marriage was not recognized by California law. The Board found that they did not have a common law marriage prior to November 1976 and denied the appellant's claim for recognition as the Veteran's surviving spouse.