Other conditions decisions — 2023

The Veteran's claim for an earlier effective date for non-service-connected pension benefits was denied as the claim was received on March 6, 2018. The Board found that there is no basis to award an earlier effective date due to the representative's responsibility in ensuring proper transmission of the faxed documents.

The Board has remanded the case due to inadequate medical opinion and the need for additional service treatment records. The Veteran's essential tremors are being evaluated based on presumed exposure to contaminated water at Camp Lejeune.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's ankylosing spondylitis pre-existed his service and was aggravated by it.

The Veteran's increased ratings for radiculopathy of the right and left upper extremities were denied as the evidence did not show more severe symptoms or examination findings prior to the assigned effective dates.

The Board dismissed the appeal because the appellant died during the pendency of the appeal, and therefore has no jurisdiction to adjudicate the merits.

The Board has determined that the most recent examination is inadequate and requires a new VA examination to test both hips, as it appears possible to do so. The issues of increased disability ratings for right hip conditions are being remanded.

The Veteran's claim for service connection for liver cancer residuals, including as due to exposure to ionizing radiation, is being remanded. Additional development is needed to confirm the Veteran's alleged exposure and assess his claim.

The Board found that the Veteran does not have a current sleep disorder disability and therefore denied his claim for service connection.

The Veteran's claim for service connection for osteonecrosis of the bilateral femoral condyles, claimed as osteonecrosis of the bilateral femurs, is remanded due to new evidence suggesting it may be related to her service-connected gastrointestinal and orthopedic disabilities. Her claims for increased ratings for left knee disability and PTSD are also remanded.

The Board has remanded the Veteran's claims for service connection due to microwave radiation exposure, including for joint pain and arthritis, as well as sterilization. The AOJ is instructed to conduct additional development related to a soldier's death at Barnstorf, GE in February 1980 and to obtain an opinion regarding whether any medication prescribed for the Veteran's service-connected disabilities could have caused his sterility.

The Board has remanded the case due to issues related to an earlier effective date for service connection and a higher initial rating for TMJ. The Veteran's claims are pending.

The Board denied an earlier effective date for service connection of epididymitis, finding no clear and unmistakable error in the original rating decision.

The Board has remanded the case due to incomplete medical records, and requests for records were not complied with. The case will be returned to process the missing records.

The Board has remanded the case due to insufficient medical evidence regarding whether the Veteran's peripheral vascular disease is caused or aggravated by his service-connected disabilities and medications.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for further action.

The Veteran's appeals for increased ratings for his hip conditions have been dismissed due to the withdrawal of the appeal by the Veteran through his authorized representative.

The Board denied the Veteran's request for waiver of recovery of overpayment of VA pension benefits, finding that total recovery would not violate principles of equity and good conscience.

The Board has remanded the case due to inadequate examination and failure to explain why a higher rating is not warranted. A new VA ankle examination is required that fully complies with Correia v. McDonald, addressing range of motion on active and passive motion, or in weight-bearing and non-weight-bearing.

The Board has determined that a VA opinion is needed to determine if the Veteran's esophageal carcinoma was caused by his in-service exposure to Agent Orange.

The Veteran's eye disability is remanded due to the need for additional medical records and a VA addendum opinion.