Other conditions decisions — 2023

The Veteran's claim for a higher rating for gastritis is being remanded due to inadequate examination and the need for updated diagnostic testing.

The Veteran's appeal for special monthly compensation based on the need for regular aid and attendance of another person has been dismissed due to his death. The Board does not have jurisdiction to adjudicate this claim as he passed away during the pendency of the appeal.

The Board has decided to remand the case due to inadequate medical opinion and missing service treatment records. The Veteran's right eye condition is being reviewed again for a more comprehensive evaluation.

The Board has determined that the Veteran's essential tremors cannot be presumed based on his status as a Persian Gulf veteran or exposure to burn pits. The claim for service connection for dizziness/equilibrium issues is being remanded due to uncertainty in whether it is distinct from panic attacks associated with his service-connected unspecified depressive disorder with anxious distress.

The Board denied the Veteran's claim for service connection for residuals of a right fifth metacarpal injury and right tendinosis, finding that there was no evidence linking these conditions to his active service.

The Board has denied the Veteran's claims for service connection for residuals of a head injury, bilateral hearing loss, right hip disability, left hip disability, neck disability, and low back disability. The decision also remanded the claim for service connection for a left eye disability.

The Board has granted effective dates of November 25, 2008 for both TDIU and DEA benefits. The Veteran's disabilities have been found to be permanently disabling since that date.

The petition to reopen the claim of entitlement to service connection for sleep apnea is allowed, and the claim is granted.,The petitions to reopen the claims of entitlement to service connection for low back condition (previously low back pain), left knee pain, right knee pain, left shoulder degenerative arthritis, and right shoulder condition are denied.

The Board has dismissed the appeals of service connection for right and left lower extremity conditions as these have been granted in a previous rating decision.

The Veteran's claim for a higher evaluation for left trigeminal neuralgia from January 19, 2012 to January 27, 2016 is being remanded due to the need for additional medical records and clarification of the severity of his condition.

The Board denied an earlier effective date for the grant of service connection for cause of death due to lack of relevant records in the file at the time of the initial denial, and found that the April 24, 2012 request to reopen the claim was not based on new evidence.

The Board has granted service connection for the Veteran's tonsillar squamous cell carcinoma, finding that it was caused by exposure to contaminated water at Camp LeJeune during his military service.

The Veteran's claim for service connection for a deviated septum is granted. The herniated disc claim is remanded for further review.

The Veteran's right and left lower extremity peroneal nerve palsies have been granted a rating of 30 percent, effective from October 21, 2015 to May 24, 2017 for the right side and from May 25, 2017 onwards for both sides.

The Board has decided that additional development is needed to determine if the Veteran's buttock pain is a separate disability from his service-connected lumbar disc disease, and whether it results in functional impairment of earning capacity.

The Board has determined that a third remand is necessary to obtain an adequate VA examination regarding the Veteran's claimed back muscle spasms, as the previous opinions were not responsive to the Board's instructions.

The Veteran withdrew his claim for special monthly compensation (SMC) on the basis of the need for regular aid and attendance or at the housebound rate, so the appeal is dismissed.

The Board has granted the Veteran's claim for an earlier effective date of October 16, 2017 for the resumption of payment of VA disability compensation benefits that were terminated on August 24, 2017 based on fugitive felon status and resulting debt less than $580.13.

The Board denied the Veteran's claims for increased ratings for her right and left knee disabilities, finding that the evidence did not support a disability rating in excess of 20 percent for either knee during the period from March 6, 2018 to November 4, 2021.

The Board has remanded the case due to a lack of a VA examination regarding the Veteran's right great toe disability, which may be related to service. The Veteran needs to undergo an examination to determine if he has a current disability and whether it is at least as likely as not that his condition manifested in service or is otherwise related to service.