Other conditions decisions — 2024

The Board has remanded the claim of entitlement to TDIU prior to January 9, 2022 due to a duty to assist error and will need to adjudicate the merits of the claim.

The Veteran's adopted child, J., was not living in the Veteran's household at the time of his death. Therefore, the claim for recognition of J. as the Veteran's adopted child to establish her as a dependent of the Veteran's surviving spouse for DIC purposes is denied.

The Board has decided to remand the case due to errors in the decision process and insufficient evidence, including missing medical bills and notices of entitlement.

The Veteran's right and left hip tendonitis are currently rated at 10 percent, but the Board finds that they do not warrant a higher rating based on the evidence of record.

The appeal has been dismissed as the AOJ administratively approved the claim for payment of non-VA medical services provided on July 3, 2020.

The Veteran's left hip disability, characterized by limited flexion and rotation, is currently rated at 10 percent. The Board found that the evidence does not support a higher rating based on these conditions.

The Board dismissed the appeal seeking payment for medical services provided through VA's Community Care program on January 13, 2021. The process does not allow for appellate review by the Board.

The Veteran's appeal for a higher disability rating for his service-connected TMJ disorder is remanded due to the need for a new VA examination to assess the nature, frequency, and severity of his reported flare-ups.

The Board has dismissed the appeal for an earlier effective date for special monthly compensation based on housebound status as it was previously addressed in a prior decision.

The Board has determined that J.M. can be recognized as the Veteran's surviving spouse for VA purposes due to her continuous cohabitation with him from their attempted marriage in July 1993 until his death in March 2011, and no other claimant is entitled to gratuitous VA benefits.

The Veteran's claims for higher ratings for traumatic arthritis of the left foot and TDIU prior to December 29, 2014 are remanded due to a lack of proper notification for scheduled VA examinations.

The Board has found that the VA examination and medical opinion provided were insufficient to adjudicate the Veteran's claim for service connection for anemia. The case is being remanded to obtain a new medical opinion regarding the nature and etiology of the Veteran's claimed anemia, including his exposure to herbicide agents during service.

The Veteran's appeal for service connection for a skin disability has been dismissed due to their passing before the decision was issued.

The Board has found a duty to assist error and remanded the case for further examination and opinion regarding whether the Veteran's sterility is secondary to his service-connected PTSD with alcohol use disorder.

The Veteran's claim for service connection for angioedema and urticaria due to VA treatment from January 2017 to May 2017 is denied. Service connection for angioedema as secondary to a service-connected cervical spine disability is granted.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) prior to February 22, 2020 due to failure to complete mandated development of the Veteran's Social Security Administration earnings history.

The Board has remanded the case due to inadequate examination and need for a new opinion regarding the Veteran's eye condition.

The Board has granted service connection for a fracture of the right sternoclavicular joint, finding that it was aggravated during military service.

The Board dismissed the appeal because the Veteran's claim for payment or reimbursement of non-VA medical care was granted in 2023, but she did not resubmit her claim to receive payment. The appeal is now moot.

The Board has remanded the case due to unclear responses from federal records and potential violations of VA's duty to assist in obtaining such records. The Veteran is asked to provide additional information about her exposure claims and participation in a Toxic Exposure Risk Activity.