Other conditions decisions — 2023

The Board denied the Veteran's claims for service connection for a respiratory or pulmonary disorder, an initial 40 percent disability rating for TBI, and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.

The Board denied the Veteran's claims of service connection for neck, right foot, and left foot conditions due to a lack of evidence showing a nexus between these conditions and military service.

The Veteran's Stevens-Johnson syndrome was caused by an event that was not reasonably foreseeable, and the Board finds it reasonable to conclude that this allergic reaction resulting in SJS was an event not reasonably foreseeable. As a result, compensation for SJS under 1151 is granted.

The Board has remanded the case due to a lack of VA examination for the service-connected left third toe disability. The Veteran is advised that failure to appear for the scheduled medical examination could adversely affect his appeal.

The Board has denied a rating in excess of 10 percent for the Veteran's residuals of left distal radius fracture, finding that the disability does not meet or approximate the criteria for higher ratings based on limitation of motion.

The Veteran's cause of death, pancreatic cancer, is being remanded for a VA medical opinion to determine if it was caused by his in-service exposure to herbicide agents.

The Board has remanded the case due to insufficient opinions regarding the Veteran's heart conditions and their relation to service, specifically his exposure at Camp Lejeune.

The Board dismissed the appeal because the appellant requested and confirmed a withdrawal of the appeal.

The Board denied the claim for an effective date prior to September 29, 2009 for a death pension as there was no new evidence or notice of disagreement received within one year of the September 2002 denial and the appellant did not appeal. The earliest effective date is September 29, 2009.

The Veteran's chronic back strain has been rated at 40 percent since January 2017. The current level of disability, with forward flexion limited to 30 degrees but without ankylosis or incapacitating episodes, does not warrant a higher rating.

The Board has decided that the Veteran's claim for service connection for hypotension, including as secondary to his service-connected hypertension, should be remanded due to insufficient medical evidence.

The Board has decided to remand the case due to the need for an addendum opinion regarding the nature and etiology of the Veteran's gastrointestinal disorder, specifically addressing whether obesity caused or aggravated his obstructive sleep apnea.

The Veteran's appeal for service connection for a hiatal hernia was dismissed because the Veteran, through his authorized representative, withdrew his appeal in August 2019.

The Board has dismissed the appeals for service connection for the cause of the Veteran's death and DIC benefits pursuant to 38 U.S.C. § 1318 as there is no remaining justiciable case or controversy.

The Board has decided to remand the case due to an inadequate examination in determining if the Veteran's eye disorder is related to her service or caused by her service-connected disabilities. Additional medical opinion is needed.

The Board has remanded the case due to a need for a new VA examination and further development of the record, including consideration of flare-ups and instability.

The Veteran's service-connected residuals of a mine fragment wound of the right arm muscle group VIII are currently rated at 10 percent, and the Board finds that this rating is not warranted as his condition does not meet the criteria for a higher rating.

The Board has determined that the VA examinations and private treatment records obtained are not sufficient to make a determination on the Veteran's claims for service connection. Therefore, another remand is necessary to obtain additional information from the Veteran and to schedule further examinations.

The Veteran's claim for a rating in excess of 10 percent for residuals of a pilonidal cyst with coccygeal pain is denied. The Board granted the Veteran a separate 20 percent rating for degenerative arthritis, thoracolumbar spine with degenerative disc disease and degenerative changes of sacroiliac joints effective February 22, 2018.

The Board denied the appellant's claim for death pension benefits because her income exceeded the applicable maximum annual pension rates (MAPR).