Other conditions decisions — 2024

The Board has granted the Veteran's claim for service connection for residuals of a crushed left hand and arm, finding that his current disabilities are related to an in-service injury.

The Board denied service connection for a paralyzed right diaphragm as it is not proximately due to the Veteran's service-connected kidney stone disease. However, the Board granted compensation under the provisions of 38 U.S.C. § 1151 for the paralyzed right diaphragm as it was caused by VA surgical treatment and not reasonably foreseeable.

The Board denied the Veteran's claim for service connection of a right elbow disability, finding that it is less likely than not caused or aggravated by his service-connected right forearm disability.

The Board has remanded the case due to incomplete records and need for a medical opinion regarding the Veteran's heart condition.

The Veteran's claim for service connection for a skin condition is denied as there is no current diagnosis of a skin disorder.,The Veteran's claim for service connection for residuals of malaria is denied as there is no current diagnosis of malaria residuals.

The Veteran's bilateral cataracts, pinguecula, and dry eye syndrome have been rated at a 10 percent for the period of August 25, 1973 to present.

The Veteran's claim for reimbursement of medical expenses incurred from Livingston Memorial Hospital on November 8, 2012 was denied because the remaining amount owed by the Veteran (a $1500 deductible and a $1500 copay) is not reimbursable under VA policy.

The Board has remanded the cases for additional development to obtain missing service treatment records, including those from the Adjutant General of Puerto Rico.

The Veteran's claim for service connection for left hip strain has been dismissed as the Veteran was granted service connection for his left hip strain in a June 2023 rating decision. The Board is remanding the issue of service connection for right hip strain.

The Board denied the Veteran's appeal as the withholding of VA compensation benefits to recoup separation pay, in the amount of $37,535, was proper.

The appeal seeking readjudication of a previously denied claim of entitlement to service connection for a back injury, with the submission of new and relevant evidence, is granted. The Veteran's claim of service connection for a back injury is remanded.

The Board has decided to remand the case due to a duty to assist error regarding differentiation of symptoms between Restless Leg Syndrome (RLS) and bilateral lower extremity radiculopathy. The Veteran's RLS may be rated separately if its symptoms are distinct from his radiculopathy.

The Board has determined that the evidence is in equipoise as to whether the Veteran's polycythemia vera was caused by his service exposure to ionizing radiation, and thus grants service connection for this condition.

The Veteran's partial left femoral nerve injury is currently rated at 30 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Board has decided to remand the DIC claim due to the need for a toxic exposure risk activity (TERA) opinion and development consistent with the PACT Act.

The Veteran's claim for an initial rating in excess of 10 percent for left hip strain is being remanded due to a duty-to-assist error identified during the review process.

The appeal is denied as the non-VA medical services provided on February 22, 2022 were not authorized by VA and thus no legal basis for payment exists.

The Board has remanded the case due to a duty to assist error and insufficient evidence regarding the Veteran's mental health conditions. The AOJ is required to obtain additional VA treatment records and schedule the Veteran for a psychiatric examination.

The Board has remanded the accrued benefits claim due to a failure of duty to assist, specifically regarding reimbursement for fees paid by the Appellant to an assisted living facility.

The Board has granted the Veteran's claim for service connection for urinary frequency as secondary to his service-connected lumbar spine disability, finding that new and relevant evidence supports this decision.