Other conditions decisions — 2023

The Veteran withdrew his appeal for medical expense reimbursement due to his dementia, and the Board dismissed it.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's claimed nerve twitching disability, including whether it is related to service or a service-connected condition. The appeal will be remanded for these purposes.

The Veteran's claim for a higher rating for his left knee disability is denied. The Board found that the evidence did not show limitation of motion sufficient to warrant a rating in excess of 10 percent, and the separate rating for instability was upheld.

The Board has decided to remand the cases for a new VA examination due to significant differences in severity of symptoms between previous examinations and treatment records.

The Board denied service connection for a cognitive disorder and dismissed the claim for TDIU as moot due to the grant of TDIU in a May 2023 rating decision.

The appellant is not eligible for DIC benefits as she was not married to the Veteran for at least one year prior to his death.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's skin disorder, claimed as a brown spot on the right cheek. The Veteran is requested to provide additional evidence and argument.

The Veteran's claims for service connection are remanded due to the need for additional medical opinions and verification of her periods of active duty. The right elbow disorder, left elbow disorder, and pain in the right hip will be evaluated further.

The Board has determined that there is no evidence of a current disability related to the Veteran's claimed head injury incurred during service, and thus denied his claim for service connection.

The Veteran's hip disabilities have been denied as his conditions do not meet the criteria for higher ratings under the applicable VA rating criteria.

The Board has found that the overpayment of $5,760.12 is valid and denied the Veteran's challenge to its validity. The claim for a waiver of recovery remains pending as it was not considered by the Committee on Waivers and Compromises.

The Veteran's appeal is remanded due to the need for a VA examination to assess the severity of his service-connected thoracic outlet syndrome in both upper extremities.

The Board has determined that the VA examination and opinion provided were not in compliance with the remand directives, necessitating another remand for additional development. Specifically, the Veteran's claim of service connection for diverticular disease is being remanded due to incomplete records and a need for an addendum opinion addressing causation.

The Board has granted service connection for throat cancer and residuals of in-service right-hand and left-hand injuries. The dental disability issue was dismissed due to the Veteran's withdrawal request.

The Veteran's hip disabilities have been rated based on their functional limitations, and the current ratings are found to be appropriate given his range of motion measurements.

The Veteran's TDIU was denied as he had substantial gainful employment, evidenced by non-marginal wages from the Social Security Administration. The Board found that the Veteran did not provide sufficient information to determine if his reported wages were passive income or related to a sheltered workplace.

The Veteran's appeal for service connection of a benign brain tumor was dismissed due to his death during the pendency of the appeal.

The Veteran's eligibility for VA health care is being remanded due to a lack of military personnel records, which are needed to determine her full period of active duty.

The Board has decided that additional development is needed for the Veteran's claim of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The decision directs VA to obtain Social Security Administration records related to the Veteran's disability benefits, as these records may be relevant to his TDIU claim.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.