Other conditions decisions — 2023

The appeal for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) for the period prior to October 1, 2016 is dismissed because the Veteran died during the pendency of the appeal.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's right posterior tibial vein thrombus (blood clot of the right leg) was caused or aggravated by his service-connected right knee disability, including the use of a brace for that condition. The examiner is requested to provide an opinion on causation and aggravation in light of all evidence of record.

The Board has granted service connection for bilateral hip disorders, finding that the current conditions are causally related to in-service injuries and activities.

The Board dismissed the appeal because the appellant requested to withdraw it.

The Board has remanded the case due to insufficient development of evidence regarding whether the Veteran needs regular aid and attendance based on his service-connected disabilities. The AOJ is instructed to obtain updated VA treatment records and schedule a new examination.

The Veteran's service-connected hypertrophic gastritis with helicobacter pylori has not been manifested by multiple small eroded or ulcerated areas, and therefore, the claim for a higher rating is denied.

The petition to reopen the claim for service connection for prostatic condition is granted. The claims for left ear hearing loss, urinary/prostatic disability (due to exposure at Camp Lejeune), and compensation under 38 U.S.C. § 1151 for erectile dysfunction are remanded.

The Board has remanded the Veteran's claims for an adequate VA examination to comply with precedential case law and the Joint Motion for Remand (JMR). The examination must assess the severity of her service-connected left forearm disability, including range of motion testing in both weight-bearing and non-weight-bearing situations, as well as where pain begins on range of motion testing.

The Board has determined that the Veteran does not have a current respiratory disorder related to his military service, including any asbestos exposure. The appeal is denied.

The Board has granted an effective date of November 19, 1999 for the grant of service connection for the cause of the Veteran's death. The decision is based on the fact that relevant official service department records existed at that time and had not been associated with the claims file when VA first decided the claim.

The Veteran's claims for service connection for left and right ear conditions are being remanded due to new evidence received. The Board will determine if the conditions are related to military service.

The Board has remanded the claim for service connection for a left upper extremity disorder due to insufficient VA medical opinions. The Veteran's TDIU claim is also pending and requires further development.

The Board denied the Appellant's claim for recognition as the surviving spouse of the Veteran due to her divorce from him at the time of his death, and thus she is not eligible for VA benefits.

The Veteran's service-connected left eye condition has worsened, and a new VA examination is needed to determine the current severity of his symptoms.

The Board has denied the Veteran's claim of service connection for bilateral toe fungus, finding that there is no evidence linking his condition to his active duty service.

The Veteran's PTSD warrants a rating of 70 percent prior to January 9, 2020.,Effective June 15, 2018, the Veteran is granted TDIU based on his service-connected unspecified trauma-related disorder alone.,Effective September 6, 2019, the Veteran is granted SMC at the housebound rate.

The appeal is dismissed because the appellant died before the decision could be made, and there are no surviving claims for service connection.

The Board has remanded the case due to incomplete records related to a Federal Torts Claim Act (FTCA) claim. The Veteran needs to provide complete records for this FTCA claim.

The Board has remanded the claims for service connection for interstitial cystitis and SMC based on anatomical loss or use of a creative organ due to conflicting diagnoses, lack of clarity in examination reports, and incomplete review of the record. The Veteran's symptoms are related to his service-connected disabilities but need further clarification.

The Board has found that the Veteran's right eye disability, currently diagnosed as dry eye syndrome, is related to his service due to presumptive toxic exposure. However, a remand is required to obtain an updated medical opinion based on accurate factual information and consideration of all submitted evidence.