Other conditions decisions — 2024

The Board has granted service connection for recurrent left fifth finger dislocation residuals including proximal interphalangeal joint subluxation, finding that the condition originated during active service.

The Board has granted service connection for the Veteran's acute myeloid leukemia, finding that it is at least as likely as not related to his in-service exposure to herbicide agents, specifically Agent Orange. The appeal is granted.

The Board denied the veteran's claim for survivors' pension benefits because the appellant did not submit the required documentation to establish her status as a surviving spouse.

The Board has determined that the appellant timely filed a substantive appeal to the March 2017 rating decision denying service connection for the cause of the Veteran's death, and thus grants the appeal.

The Board has remanded the case due to insufficient medical opinions regarding secondary service connection and potential exposure to toxic substances. The Veteran's bilateral eye disorder, including cataracts with lens replacement in both eyes, is being reviewed for possible service connection.

The Veteran's appeal is being remanded due to a duty to assist error. A new examination is needed to determine the nature and severity of his sleep paralysis, including whether it is related to narcolepsy.

The Veteran's claim for an initial compensable rating for service-connected chronic menorrhagia is remanded due to a duty to assist error in the VA examination conducted in October 2020.

The Veteran's death was not caused by or substantially contributed to by his service-connected deviated nasal septum. The Board denied the claims for service connection for cause of death and disability indemnity compensation (DIC).

The Board has remanded the case for a retrospective medical opinion regarding the December 1997 VA examination findings, as it is inadequate to determine the Veteran's left middle finger disability prior to July 19, 2019.

The Veteran's request for a total disability rating due to unemployability (TDIU) prior to July 29, 2019 is being remanded. The Board notes that relevant social security records are not associated with the claims file and requests for these records are necessary.

The Veteran's somatic symptom disorder is rated at 30 percent, which corresponds to occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks. The symptoms are not severe enough to warrant a higher rating.

The Board denied the Veteran's request for an earlier effective date of August 28, 2018 for a 30 percent rating for optic neuritis with right eye intermediate uveitis. The decision found that there was no evidence of increased severity within one year prior to the claim.

The Board has resolved the claims for payment of non-VA medical services provided on December 6, 2019, and December 7, 2019, in favor of the Veteran. The appeals are dismissed as the administrative action approving the claims constitutes a full grant of benefits.

The Board found that the Veteran was in receipt of military drill pay for 82 days during Fiscal Year 2020, which led to a reduction in her VA disability compensation benefits. The appeal is denied as the withholding of VA disability compensation due to concurrent receipt of VA compensation and military drill pay was proper.

The Board dismissed the appeal as the attorney withdrew his Notice of Disagreement, and there are no remaining issues for appellate review.

The Veteran's appeal regarding the removal of his dependents from his award, effective May 1, 2021, was dismissed as a matter of law because the AOJ reversed the decision to remove them.

The Veteran's claim for payment or reimbursement of ambulance transport costs on October 1, 2023 is being remanded due to a duty-to-assist error and the need to clarify whether the transport was to a VA-authorized facility. The AOJ must obtain all relevant medical records and determine if the Veteran meets the criteria under 38 U.S.C. § 111 or 38 U.S.C. § 1725 for reimbursement.

The Veteran's appeal for earlier effective dates for a 20% rating for bilateral knee disabilities is dismissed due to procedural issues.

The Board has reinstated the prior ratings of 30 percent for limitation of extension in both left and right knees, finding that the reduction was improper due to inadequate VA examinations.

Your claim for payment or reimbursement of ambulance transportation services provided on February 25, 2020 has been paid. The appeal is dismissed.