Other conditions decisions — 2023

The Veteran's appeal for a rating in excess of 20 percent for TMJ was dismissed. The claim for service connection for mitral valve prolapse was reopened and granted.

The Veteran's service-connected respiratory disability, characterized as restrictive airway disease with obstructive lung disease, has been granted a 100% rating for the entire period on appeal due to FEV-1 results consistently less than 40 percent predicted.

The Veteran requested to withdraw his appeal regarding financial assistance for an automobile or adaptive equipment, and the Board has dismissed the case as a result.

The Veteran's phobia of water is remanded for a VA examination to determine if it is related to his military service.

The Board has remanded the Veteran's claims for further development due to inconsistencies in his diagnoses and need for a new examination.

The Veteran's claims for service connection for varicose veins of the right and left lower extremities have been granted. The Board also dismissed the claim for a left shoulder disability, as it was withdrawn by the Veteran during his August 2022 hearing. The neck disability and radiculopathy of the right upper extremity secondary to the neck disability are remanded.

The Veteran's cause of death, Acute Myelogenous Leukemia (AML), is determined to be service-connected due to his exposure to herbicide agents in the Republic of Vietnam. The Board found a nexus between the Veteran's AML and his military service.

The Veteran's service-connected right knee disabilities are currently rated at a 10 percent rating for painful motion and granted a separate 20 percent rating for dislocated semilunar cartilage. The appeal is not about service connection but rather the evaluation of these conditions.

The Board has remanded the case due to inadequate compliance with previous remands. The Veteran's arachnoid cyst disorder is being reviewed again for service connection.

The Veteran's claim for service connection for an unspecified trauma and stressor-related disorder is granted. The Veteran's left mandible paresthesia of cranial nerve VII, status-post dental surgery is rated at 20 percent since March 9, 2017.

The Veteran's claim for a compensable evaluation for chronic mouth ulcers, including pemphigus, and as due to an undiagnosed illness is remanded. The case requires further development of the claim.

The Veteran's prostatitis is granted as service-connected.,Service connection for a bladder condition is denied.

The Veteran's cause of death was not related to his military service, and he did not meet the criteria for DIC under 38 U.S.C. § 1318.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's genitourinary condition and his service-connected left inguinal exploration and partial epididymectomy. The examiner is asked to consider recent medical records that indicate urinary frequency issues following hernia surgery.

The Veteran's grandchild, M.L., is not recognized as a dependent child for VA disability compensation award due to lack of adoption.

The Board has remanded the cases for further development and consideration, including obtaining additional VA treatment records. The issues of whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for residuals of a broken left radius (left arm disability), entitlement to higher ratings for service-connected left knee disability, and entitlement to a total disability rating based on individual unemployability due to service-connected disability are now pending before the AOJ.

The Board has granted service connection for the Veteran's residuals of a back injury, finding that his current back disability is at least as likely as not related to his active military service.

The Veteran's claim for service connection for a back injury has been dismissed as the Veteran opted into the modernized appeals process, effectively withdrawing his appeal from the legacy system.

The Board has determined that the overpayment of VA compensation benefits was properly created due to a retroactive reduction in the compensation rate to the 10 percent rate following the Veteran's incarceration for conviction of a felony. The appeal is denied.

The Board has remanded the claims for service connection and rating issues related to shin splints, bilateral pes planus, right knee chondromalacia with retropatellar pain syndrome, genu recurvatum, and meniscal repair residuals, left knee chondromalacia with retropatellar pain syndrome, genu recurvatum, and meniscal repair residuals, and ankle strain residuals due to the inadequacy of a previous VA examination.