Other conditions decisions — 2024

The Veteran's claim for educational assistance benefits under the MGIB-SR was denied because she did not have a six-year contract with the Selected Reserve, as determined by her service department. The Board found that VA cannot alter these findings and thus denied the claim.

The Board has determined that there are missing documents in the Veteran's case file, specifically her Rehabilitation Needs Inventory (RNI) and VA Form 28-1902b. The AOJ is instructed to obtain these records and provide a counseling record narrative report for proper appellate review.

The Veteran's appeal for special home adaptation was dismissed because the issue became moot after he received specially adapted housing.

The Veteran withdrew their appeals for service connection of oral cancer and a mandibular nerve disability. The appeal is dismissed.

The Veteran's claim for service connection for bilateral foot conditions is remanded due to new and relevant evidence having been added, including medical records of superficial frostbite with tingling followed by numbness and pain in both feet. The claims are also remanded for a VA examination to determine the nature and etiology of his bilateral foot conditions.

The Veteran's claim for an earlier effective date for service connection of cataplexy is granted. The Board finds a 40% rating for cataplexy from June 19, 2021, and dismisses the issue of reducing the rating to 10%.

The Board has denied service connection for foot spasms, athlete's foot, and hammertoe due to a lack of objective medical evidence showing clinical diagnoses close in proximity to or during the pendency of the claims. The Veteran was not afforded a VA examination for his hammertoe, which is now remanded.

The Board found no current diagnosis of a left finger disorder, right finger disorder, or bilateral lower extremity nerve pain. The Veteran's STRs were silent for any such conditions during active service.

The Veteran's left ring finger disability has been productive of pain and limited motion, but the applicable rating criteria do not provide for a compensable rating.,There is no persuasive evidence to support a finding that the Veteran's deviated septum was incurred in or related to active service.

The Board has remanded the claims of service connection for the cause of the Veteran's death and DIC or pension benefits due to errors in verifying the Veteran's periods of active duty, active duty training, and inactive duty training. The AOJ is also directed to conduct development required by the PACT Act.

The Board has remanded the cases for further evaluation due to insufficient medical opinions and failure to obtain a VA examination.

The Veteran's service-connected bilateral eye injuries with vitreous floaters, photophobia, and cataract surgery have not resulted in a compensable rating due to the absence of incapacitating episodes or other disabling symptoms.

The Board has decided to remand the case due to a duty to assist error, specifically failing to obtain relevant private treatment records for the Veteran's metastatic cancer. The AOJ is instructed to request these records and take any further development steps deemed necessary.

The Board has remanded the case due to deficiencies in obtaining private dental treatment records from Dr. Steve in Abita Springs, and for further adjudication.

The Board remands the Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of right parotidectomy for a new VA examination and opinion.

The Board denied entitlement to a TDIU due to service-connected disability/ies, as the evidence of record is persuasively against finding that the Veteran was unable to secure or follow a substantially gainful occupation.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's claimed conditions and their relationship to service, particularly exposure to herbicide agents in Vietnam.

The Board granted the appeal as to the timeliness of the October 2017 VA Form 9 in response to the September 2014 SOC, resolving all doubt in favor of the Veteran.

The Board has remanded the Veteran's claims for service connection for right eye disability (including amblyopia and monocular exotropia) due to lack of substantial compliance with previous remand directives. The case must be returned to the RO for further development.

The Board granted pension benefits in the amount of $188.38 per month from January 1, 2015, to December 31, 2015, and denied them for the period from January 1, 2016, to April 1, 2016.