Other conditions decisions — 2023

The Veteran withdrew their appeal, so the case is dismissed.

The claim for nonservice-connected survivor's pension benefits is dismissed because the appellant received service connection for the cause of her husband's death, which provides a greater award than the available rate of survivor's pension.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has remanded the Veteran's claims for service connection for a bilateral eye disability and for a higher rating for his service-connected bilateral foot disability, to include on an extraschedular basis due to outstanding VA records and need for additional medical opinions.

The Veteran's preexisting left hip disability worsened during service and is now considered aggravated. Service connection for the arthritis of the left hip has been granted.

The Board has decided to remand the case due to further evidentiary development being necessary, including obtaining VA treatment records and providing a new opinion on the etiology of the Veteran's left eye condition.

The Veteran's service-connected right femoral fracture with heterotrophic calcification conditions have been rated based on their specific limitations of motion. The claims for higher ratings are denied as the evidence does not support a finding that any condition warrants a rating in excess of the current 10 percent for limitation of adduction, and no compensable ratings are assigned for the other two conditions.

The Board has decided to remand the case due to inadequate medical opinions regarding the etiology of the Veteran's right elbow condition. The case will be returned for further development and an addendum opinion from a different examiner.

The Veteran's death was not service-connected, and therefore the claim for burial benefits is denied.

The Board has decided to remand the case due to incomplete opinions and further examination is required. The Veteran's bilateral leg disability, including shin splints and restless leg syndrome, will be reviewed again for service connection.

The appeal regarding the cause of death and DIC benefits is dismissed due to the appellant's death.

The reduction in the disability rating for adjustment disorder with mixed emotional features from 30 percent to zero percent was not proper, and a restoration of a 30 percent rating is granted.

The Board has decided that the Veteran may be entitled to a 100% disability rating for unemployability due to service-connected disabilities, but the claim was denied because the Veteran did not provide the necessary VA Form 21-8940. The case is now remanded to request this form and allow the appellant to submit lay statements.

The Board dismissed the appeal of a waiver of recovery of VA compensation benefits due to the full debt having been waived, leaving no justiciable case or controversy.

The Board denied the Veteran's claim for service connection for squamous cell carcinoma, finding that there was no evidence of a nexus between his military service and the development of the cancer. The Board noted that squamous cell carcinoma is not among the diseases subject to presumptive service connection based on exposure to herbicides.

The Board denied service connection for muscle pain and back spasms as they are symptoms of the Veteran's already service-connected lumbar spine disability.

The Board has remanded the case due to insufficient discussion of service connection for a swollen face and jaw, including consideration of PTSD as a potential secondary condition.

The Board has granted a 30 percent rating for pseudofilliculitis barbae effective from December 27, 2023.

The Board has remanded the case due to insufficient compliance with previous directives, including a lack of transparency and easily-reviewable calculations for retroactive apportionment benefits payment and overpayment recouping.

The Board has granted service connection for an acquired psychiatric disorder, diagnosed as unspecified trauma and stressor related disorder, due to the Veteran's military sexual trauma in service.