Other conditions decisions — 2024

The Veteran's claim for an earlier effective date for service connection for history of compression fractures with osteophytes and lumbago was denied as there is no basis under the general effective date regulations for an effective date prior to April 18, 2011.

The Board has determined that the Veteran's current right hip strain is proximately due to or aggravated by her service-connected left foot disability, and thus grants service connection for this condition.

The Veteran's right eye disability is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted based on current evidence.

The Board has decided to remand the case due to a failure to satisfy the duty to assist under 38 U.S.C. § 5103A, and a new medical opinion is needed regarding the etiology of the Veteran's deviated septum.

The Board has granted service connection for atrial fibrillation, finding it secondary to the Veteran's service-connected hypertension. Service connection was denied for a bilateral eye disorder due to lack of evidence linking any current eye condition to service or a service-connected disability.

The Board denied a rating greater than 40 percent for service-connected compression fracture of the C-5 vertebra (cervical spine disability) from January 13, 2006. The schedular ratings adequately contemplate the Veteran's disability picture.

The Board found that the appellant's character of discharge was not a bar to VA benefits due to his insanity at the time of misconduct, and thus his period of active service from June 2004 to April 2008 was valid for VA service-connected purposes.

The Board has remanded the Veteran's claims for entitlement to service connection for basal cell carcinoma and squamous cell carcinoma, both claimed as due to herbicide exposure. The matter will be returned to the Board after obtaining the curriculum vitae of the VA examiners who provided opinions on these conditions.

The Board has granted a 100 percent evaluation for the Veteran's service-connected PNH with aplastic anemia. The case is being remanded to obtain additional medical opinions regarding his migraine headaches and hypertension, as well as to address the issue of TDIU.

The Veteran's claim for secondary service connection for a condition of his left foot, second toe is granted. A compensable rating of 10 percent is assigned for the scar, residual of inguinal hernia surgery.

The Veteran's appeal for a greater than 10 percent disability rating for a bilateral foot disorder, including callus formation on the left little toe, is dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of this appeal as he died during the pendency of the appeal.

The Veteran's earlier effective date for the evaluation of urinary tract obstruction (also claimed as nonspecific urethritis and chronic prostatitis) is denied. The Board found that his disability did not meet or approximate the criteria for a higher rating prior to October 18, 2007.

The Board has decided that the file is incomplete and notification of the decision was legally inadequate. Additionally, there is a pre-decisional duty to assist error due to an incorrect definition under VA regulations regarding eligibility for PCAFC benefits.

The Board found that the Veteran is not in need of personal care services for a minimum of six continuous months due to his pulmonary fibrosis condition, and thus denied eligibility for benefits under the PCAFC.

The Board has determined that further action is necessary to clarify the Veteran's SSA benefits and Civil Service income, as well as his unreimbursed medical expenses. The matter will be remanded for these clarifications.

The Board has dismissed the appeal as the agency of original jurisdiction (AOJ) administratively reversed the denial and approved the benefits sought for non-VA medical services provided by Home Instead Senior Care on February 11, 2020.

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

Your claim for service connection for chronic gastritis has been dismissed as the Board previously granted it in a March 2023 decision.

The Board has dismissed the appeals for DIC benefits and an earlier effective date for DEA benefits as the appellant withdrew her appeal in writing.

The Board has decided to remand the Veteran's claim for compensation under 38 U.S.C. § 1151 for left foot drop due to a VA facility incident, as the AOJ failed to consider the specific nature of the Veteran's claim and did not adjudicate it correctly.