Other conditions decisions — 2023

The Board has decided to remand the case due to inadequate medical opinions and additional development is needed.

The Veteran's bilateral knee disabilities are being remanded for additional development, including obtaining VA treatment records and adjudicating the temporary total rating based on surgical treatment for his left knee.

The Board has remanded the claims for service connection due to insufficient evidence in the record, including the need to review two diagrams of the Veteran's left foot from her service treatment records.

The Veteran's claim for a TDIU was previously denied in May 2008 and did not include an appeal. The effective date of the grant of a TDIU is August 14, 2018.

The Veteran's claims for a higher rating and an earlier effective date for service connection were denied as the appeal was based on a severance of service connection, which is not subject to retroactive review.

The Board denied service connection for a right leg disability and an initial rating in excess of 20 percent for traumatic arthritis of the right ankle. The Veteran's current right ankle disability is rated at 20 percent, which is the highest possible rating under the applicable criteria.

The Veteran's appeal for pension benefits was dismissed due to his death during the pendency of the appeal.

The Board has determined that there was a pre-decisional duty to assist error in not obtaining a VA medical opinion regarding the relationship between the Veteran's service-connected disabilities and his cause of death. The case is being remanded for further action.

The Veteran's left fibula fracture is currently rated at 10 percent, and the Board has remanded the case for further review. The issue of entitlement to a rating in excess of 10 percent remains unresolved.

The Veteran withdrew his appeal, and the Board dismissed it due to lack of allegations for appellate consideration.

The Board has granted service connection for right lower extremity venous insufficiency and varicose veins, as well as left lower extremity venous insufficiency and varicose veins, based on the relationship to a pre-existing condition (left lower extremity post phlebitic syndrome).

The Board denied the Veteran's claim to add his current spouse D. as a dependent spouse for VA benefits due to conflicting information on when his prior marriage to K.A. dissolved.

The Board has decided that the eligibility determination for PCAFC benefits is legally inadequate and requires further review with a more detailed medical opinion.

The Veteran's claim for payment or reimbursement of non-VA medical care provided by Green Country Emergency Physicians Group on December 17, 2022 is remanded due to unclear records and the need for additional information.

The Veteran's appeal for an earlier effective date for the payment of additional dependency compensation for his school-aged child, K.P., is dismissed as a freestanding claim that cannot be considered on its merits.

The appeal for PCAFC benefits is dismissed due to the Veteran's death, as eligibility requirements cannot be completed.

The appeal for PCAFC benefits is dismissed due to the Veteran's death, making initial eligibility impossible.

The Veteran's appeal for service connection for stage IV duodenal adenocarcinoma has been dismissed due to his death.

The appeal has been withdrawn by the Appellant's representative, and thus is dismissed.

The Board has determined that the Veteran's acute myeloid leukemia is related to his military service, specifically exposure to benzene during periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). After resolving all doubt in favor of the Veteran, the Board finds that he meets the criteria for service connection.