Other conditions decisions — 2024

The Board has decided to remand the case due to inadequate compliance with previous remand instructions and a need for an addendum opinion regarding the etiology of the Veteran's insomnia disorder.

The Veteran's SMC at the housebound rate for right hip residuals is granted. The case is remanded for a rating in excess of 10 percent and TDIU prior to October 1, 2020.

The Board has decided to remand the case due to a missed VA examination and requests that additional evidence be provided, including treatment records. A new VA examination will be scheduled for an appropriate clinician to determine if any respiratory condition is related to service or caused by a service-connected condition.

The Board denied service connection for a right hand disorder, including residuals of a right carpal boss removal, due to the lack of current diagnosis or functional impairment.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's claimed cognitive impairment and residuals of heat exhaustion. The Veteran needs a new examination by an appropriate clinician to provide an opinion on whether these conditions are related to his service.

The Veteran's left long finger condition, which resulted from a crush injury during service, does not meet the criteria for a compensable rating under VA regulations. The current noncompensable rating is maintained as his symptoms do not warrant any higher evaluation based on limitation of motion.

The Board has decided to remand the case due to inadequate completion of prior remand directives, and additional development is required for a proper determination on service connection for gastrointestinal disabilities.

The Board has remanded the case due to a need for further examination and consideration of whether the Appellant's discharge constitutes a bar to VA benefits.

The Board found no evidence of negligence or fault on the part of VA in causing the Veteran's epididymitis and loss of right testicle, thus denying compensation under 38 U.S.C. § 1151.

The Board denied the appellant's claim for nonservice-connected survivor's pension benefits due to her annual income exceeding the maximum allowable rate.

The Board found that the Veteran did not reasonably discharge his responsibility for supporting his dependent child, L.W., and granted an apportionment of $400.00 per month to the claimant on behalf of L.W. The appeal to terminate this apportionment was denied.

The Board has determined that the decision on appeal is legally inadequate due to incomplete notification and a pre-decisional duty to assist error. The claim will be remanded for further action.

The Board has granted service connection for the Veteran's right hip degenerative joint disease, finding that it is related to his active duty service.

The Board has remanded the case due to an inadequate VA examination and failure to address the Veteran's lay statements regarding his gastrointestinal disorder.

The Board dismissed the appeal as untimely for filing a Notice of Disagreement (NOD) on VA Form 10182, which was received more than one year after the decision denying survivor's pension benefits, DIC, and accrued benefits.

The Veteran's gastrointestinal issues due to an undiagnosed Gulf War illness are granted. Service connection for a disability of the diverticula is denied.

The appeal seeking payment or reimbursement for the cost of medical services performed on September 14, 2020 by Aegis Sciences Corporation is dismissed as the benefit has been approved.

The Board has decided to remand the case due to a potential error in creating the overpayment, and will consider whether the Veteran's request for waiver of the debt is valid.

The Veteran's intervertebral disc syndrome was rated at 40 percent, the maximum schedular rating available under DC 5243. The Board found that the evidence did not support a higher rating as there was no evidence of unfavorable ankylosis or six weeks of incapacitating episodes within a 12-month period.

The Veteran's panic disorder is rated at 100 percent effective August 1, 2013. This decision grants the initial rating of 100 percent for panic disorder.