Other conditions decisions — 2023

Your appeal has been dismissed because you withdrew your request for a higher rating for the right foot injury.

The Board has determined that the Veteran does not have a current diagnosis of left lower extremity numbness, residuals of fracture and disfigurement of right index finger, or positive PPD reading. The evidence does not support service connection for these conditions.,The Veteran's loss of vision in the right eye is diagnosed as physiologic cupping, which is not considered a disability under VA regulations. Conjunctivitis and pinguecula are also not related to service.

The Veteran withdrew his appeal, and the Board has dismissed it.

The Board denied the Veteran's claim for service connection for loss of balance, finding that there is no current diagnosis or functional impairment from a loss of balance condition. The Veteran was not granted secondary service connection as his tinnitus did not cause or aggravate his loss of balance.

The Veteran withdrew his claim for service connection for a cyst of the left iliac crest, leading to its dismissal.

The Veteran's squamous cell carcinoma of the piriform sinus is granted service connection under the PACT Act, as it is presumed to be caused by his in-service exposure to burn pits.

The Board has remanded the Veteran's claims for service connection for a right elbow disability, left arm disability (to include as secondary to a right elbow disability), and prostate disability due to inadequate opinions regarding whether these conditions are related to service or pre-existing conditions.,The issues of entitlement to service connection for a right elbow disability, left arm disability, and prostate disability have been remanded.

The Board has remanded the Veteran's claims of service connection for right and left foot conditions due to inadequate VA examination in March 2021, which relied on lack of contemporaneous treatment records. The Veteran is asked to be examined again by a VA clinician who must opine whether his current foot conditions are at least as likely as not related to an in-service injury or event.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining updated VA treatment records and private medical records.

The Veteran's surviving spouse appeal was denied as the appellant and the Veteran were legally divorced at the time of the Veteran's death, thus not meeting the criteria for recognition as a surviving spouse.

The Veteran's appeals for service connection were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he is deceased.

The Board has remanded the case due to errors in obtaining Social Security Administration earnings records and for requesting private treatment records. The Veteran is also asked to complete a VA Form 21-8940, Application for Total Disability Due to Individual Unemployability (TDIU).

The Veteran's service connection for a chronic disability manifested by left hand pain is denied. An initial rating of 10 percent, but no higher, for his right-hand disability (thumb) is granted and a separate rating of 10 percent, but no higher, for his right-hand disability (index finger) effective September 7, 2022 is also granted.

The Veteran withdrew his appeals for increased ratings for panic disorder prior to the Board's decision.

The Board has decided to remand the Veteran's claim for a compensable rating prior to May 2, 2017, and in excess of 30 percent thereafter, for dermatophytosis due to an incomplete examination record. A new VA examination is needed.

The Veteran's appeal for a higher rate of payment under the Post-9/11 GI Bill educational assistance benefits was denied as he did not meet the required qualifying service days to receive more than 50% of the maximum benefit level.

The Board has granted the Veteran's request for waiver of overpayment, but has also determined that further review is needed to determine if the overpayment was valid and whether a waiver should be granted. The case is now REMANDED for this purpose.

The Veteran's application for retroactive recognition of A.S. as a dependent child of the Veteran for additional VA dependency benefits based on school attendance from September 2004 to February 2009 was denied because it was not filed within one year of A.S.'s 18th birthday and the date of commencement of the course of study.,The Veteran's application for an earlier effective date for recognition of A.G. as a dependent school child from September 2015 to September 2020 was denied because it was not filed within one year of A.G.'s 18th birthday and the date of commencement of the course of study.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for her service-connected polycystic ovarian syndrome (PCOS) prior to February 18, 2022, and in excess of 30 percent on and thereafter. The Board also found a need for additional development regarding the Veteran's claim for service connection for anemia.

The Veteran's bilateral hand disability, including arthritis, was not shown in service and is not otherwise etiologically related to active duty service. The Board denied the claim for service connection.