Other conditions decisions — 2023

The Board has remanded the case due to inadequate VA examination and a potential pre-decisional duty to assist error, requiring another VA examination with etiology opinion.

The Board has granted service connection for the Veteran's nightmare disorder, finding that it is at least as likely as not related to his active duty service. The decision resolves reasonable doubt in favor of the Veteran.

The Veteran's claim for service connection for dyspepsia has been remanded due to new and relevant evidence. The increased rating claims for unspecified trauma and stressor related disorder and lumbar scoliosis have been denied.

The Veteran's appeals for service connection and financial assistance were dismissed due to his withdrawal of the appeals.

The Veteran's appeal for service connection for mental illness was denied due to a failure to timely file a substantive appeal after receiving the October 2019 Statement of the Case (SOC).

The Veteran's cause of death, head and neck cancer, was previously granted service connection. Therefore, the Board has granted service connection for the cause of death.

The Board has decided to remand the claim of service connection for aortic aneurysm as secondary to service-connected obstructive sleep apnea (OSA) due to insufficient evidence on the etiology of the condition.

The Board dismissed the Veteran's appeal for service connection of an auditory processing disorder because the August 2023 VA Form 10182 was not a valid opt-in to the Appeals Modernization Act (AMA) form of review and did not comply with claims-processing rules.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's respiratory disability is related to service, including exposure in service and post-service symptoms.

The Board has decided to remand the Veteran's claim for service connection for abdominal pain and gastrointestinal symptoms due to insufficient evidence regarding the nature of her disability and its relationship to service.

The Board denied a compensable rating for the Veteran's left inguinal herniorrhaphy as there is no current evidence of recurrent or readily reducible hernia, and thus the criteria for a compensable rating have not been met.

The Board has determined that the case should be remanded to determine if S.R. and M.R., who were in college, pursued a course of instruction at an approved educational institution.

The Board found that the Veteran was properly issued retroactive CRDP payments for a specific period, and denied his appeal.

The Veteran's difficulty swallowing disability is currently rated at 30 percent, and the Board has determined that a higher rating of in excess of 30 percent is not warranted based on the evidence provided.

The Veteran's appeal for an increased rating for his right fifth metacarpal condition has not been properly withdrawn. The Board is unable to proceed with the decision on the merits as no Statement of the Case has been issued, and thus the case must be remanded.

The Veteran's right hip arthritis, which required total replacement surgery, is granted as service connected. The Board found that the current diagnosis of right hip arthritis and the Veteran's continuous post-service symptoms since service separation are sufficient to grant service connection.

The Veteran's thoracic strain resulted in forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, which meets the criteria for a 20 percent disability rating. The Board found that this level of limitation did not meet or exceed the requirements for higher ratings.

The appeal was dismissed due to the appellant's death, and no final decision can be made.

The Board denied service connection for a neck disorder, finding that the Veteran's current condition was not caused by an in-service event or injury and was not aggravated by his service-connected disabilities.

The Board has ordered the AOJ to determine if the Veteran currently manifests infertility and, if so, to obtain an opinion regarding its nature and etiology. The remand is due to the inadequacy of the previous VA examination in addressing these questions.