Other conditions decisions — 2024

The Board denied a rating in excess of 50 percent for the Veteran's service-connected other specified trauma and stressor related disorder, finding that his symptoms more closely approximated a 50 percent disability rating.

The Board has granted a 30 percent rating for the service-connected diverticulitis, effective November 13, 2019. The claim for a compensable rating for adjustment disorder with depressed mood was denied.

The appeal was dismissed due to the death of the appellant, and no final decision can be made.

The Board has remanded the case due to a pre-decisional duty to assist error, as the AOJ did not adjudicate the issue of SMC based on the need for regular aid and attendance of the Veteran's spouse in the first instance.

The Veteran's appeals for clothing allowances in 2017 and 2018 were dismissed due to procedural defects.,A clothing allowance was granted for the year of 2019 due to use of Canadian crutches for his service-connected low back disability.,The appeal for a clothing allowance in 2020 was dismissed as there was no initial decision on the matter.

The Veteran withdrew his appeal before the Board could make a decision, thus the case is dismissed.

The appeal seeking payment for medical services provided on July 27, 2020 has been granted and the appellant is no longer seeking further payment.

The Veteran's service-connected mantle cell lymphoma is rated as totally disabling, but the Board found that it may improve with treatment and thus not permanently disabling for DEA eligibility.

The Board has determined that the AOJ committed pre-decisional duty to assist errors in denying service connection for TMJ disorder. The Veteran's claim is being remanded to obtain missing service treatment records and additional private medical records, and to seek a new opinion on the etiology of his TMJ disorder.

The Board is remanding the case to determine the exact number of drill days performed by the Veteran in FY 2019, as this information was not provided at the time of the decision.

The appeal to reduce the disability rating for actinic keratosis from 30 percent to a noncompensable rating is dismissed because it was not a final decision.

The Board denied the claim for a higher rate of death pension benefits, including special monthly pension based on the need for aid and attendance. The appellant argued that J.K., the adult helpless child of the deceased Veteran, should be paid at the same rate as a surviving spouse due to his Down Syndrome requiring aid and attendance. However, there is no legal basis for this claim.

The Board denied the Veteran's appeal regarding the timeliness of his substantive appeal, finding that he did not file it within the required time limits and that circumstances warranting equitable tolling were not present.

The Board dismissed the appeal as the VA approved payment for non-VA medical services provided during a specific episode of care, and no further action is needed.

The Board denied service connection for right elbow ulnar nerve pain and numbness, finding that the Veteran's current condition is not linked to his military service.

The Veteran's spouse and child were removed from his VA disability compensation award due to not confirming their dependency status. They were added back on the award after he provided necessary information.

The Board has denied the Veteran's claims for service connection for right and left Achilles tendonitis, finding that there is no evidence to support a link between these conditions and his military service.

The Veteran's menstrual disorder is rated at a maximum of 30 percent, effective May 3, 2018. The Board granted the claim as her symptoms were not controlled by continuous treatment.

The Board has granted service connection for inguinal and ventral hernias, finding that the Veteran's lay statements of in-service onset are sufficient to establish service connection.

The Board has granted an initial 20 percent disability rating for the Veteran's service-connected lumbar spine disability, but has remanded the issue of entitlement to a higher disability rating.