Other conditions decisions — 2023

The Veteran's claims for service connection for brain tumor and seizures are remanded due to insufficient medical opinions regarding the relationship between these conditions and exposure to contaminated water at Camp Lejeune during service.

The Board has decided to remand the claim for a total disability based upon individual unemployability (TDIU) due to inadequate development of evidence, specifically the need for a vocational or occupational specialist opinion.

The Board has determined that J.H. can be recognized as the Veteran's surviving spouse due to her legal marriage and continuous cohabitation with him until his death, without any desertion or intent on her part.

The Board granted a 100% disability rating for TB from August 31, 2006 to April 22, 2007 and from April 27, 2011 to May 17, 2015. The issue of entitlement to TDIU was dismissed as moot due to the grant of a 100% disability rating for TB.

The Board has remanded the claims for payment or reimbursement of non-VA medical care for the Veteran's spouse and daughter under the Camp Lejeune Family Member Program (CLFMP) due to contaminated water exposure. The AOJ must provide complete notice, including identification of criteria necessary for payment, and consider all pertinent evidence.

The Board has determined that further development is needed for the remaining issues on appeal due to failure to appear at scheduled VA examinations. The case will be returned to the Board after compliance with appellate procedures.

The Veteran's claim for increased ratings for her panic disorder with agoraphobia is being remanded to obtain additional VA medical records and to readjudicate the case.

The Board denied service connection for cold injury residuals of the bilateral hands and a peripheral nerve disability of the right upper extremity, finding that there is no evidence to support these claims.

The Veteran's service-connected Seasonal Allergic Conjunctivitis with Conjunctival Cysts and Dry Eye Syndrome is granted a rating of 10% from May 28, 2011 to December 19, 2012. The issue of a separate compensable rating for Blepharitis is before the Board.

The Board has found that there has not been substantial compliance with the April 2014 remand orders and thus the claim must be remanded for additional development.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's esophageal cancer and its relationship to his service-connected conditions.

The Veteran's claim for a rating of 70 percent for OSTSD has been granted, effective January 7, 2022. The issue of TDIU prior to November 18, 2021 remains in appellate status.,A total disability rating based on individual unemployability (TDIU) was also granted, effective January 7, 2022.

The Board has remanded the Veteran's claims for service connection for atrial fibrillation and a sleep condition due to incomplete development of records.

The Veteran's initial compensable ratings for service-connected residual disability related to an in-service torsion of the left testicle with varicocele and head tremors/titubation have been denied. The Board has found that there is no persuasive evidence of current functional impairment warranting a higher rating.,Service connection for chronic headaches remains pending, requiring additional development including a new VA examination.

The Veteran's application for VRAP benefits was denied because her enrollment in the Nutrition and Wellness Consultant Certification course at AFPA did not meet the full-time requirement necessary for eligibility under the program.

The Board has decided to remand the case due to errors in the hearing process and a need for further development, including obtaining medical records and scheduling an examination.

The Board has dismissed the claim of service connection for esophageal cancer as it was granted in a December 2022 rating decision and is no longer pending.

The Board has remanded the case due to incomplete VA medical records from 1994 to 2005, and the appellant must be informed of this in writing.

The Board has dismissed the claim for an initial compensable rating for right-hand residuals of a fifth metacarpal fracture due to the death of the appellant.

The Board has been notified by the Veteran's representative that they wish to withdraw their appeal for TDIU and SMC based on housebound status. As a result, the appeal is dismissed.