Other conditions decisions — 2024

The Veteran's hip disabilities are being remanded for additional examinations to assess the current severity of his conditions and determine if there is any functional impairment due to flare-ups or repetitive use.

The Board denied the veteran's claim for recognition as his surviving spouse, finding that continuous cohabitation was not demonstrated from the date of marriage to the Veteran's death.

The Board has remanded the Veteran's claims for left and right foot hammer toes as there are outstanding VA treatment records, private medical records, and an addendum opinion needed.

The Veteran's claim for a compensable disability rating for residuals of large cell lymphoma is being remanded due to the need for additional development, including obtaining VA and private treatment records. The Board will also consider whether an extraschedular evaluation is warranted based on the Veteran's complaints of pain and fatigue.

The Veteran's TDIU claim is remanded due to incomplete employment information and the need for updated tax returns.

The Veteran's service-connected neck disability is granted, while his back and stomach bacterial infection claims are denied. The right hand strain issues have been granted with a maximum rating of 20 percent.

The Veteran's current bilateral eye condition, including recurrent eye infections, is at least as likely as not incurred in or caused by his active military service.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 because there was no evidence of carelessness, negligence, or fault on VA's part in causing his right arm disorder.

The Veteran's sister, the Appellant, sought accrued benefits due to her expenses related to her brother's last sickness. However, she did not provide documentation of these expenses and thus was denied accrued benefits.

The Veteran's appeal regarding an increased apportionment of his VA disability compensation benefits on behalf of T.F. was dismissed due to the untimeliness of his VA Form 9, which is a procedural defect.

The appellant's claim for additional accrued benefits in excess of $4,748.00 was denied as she is not a child eligible for such benefits and did not provide evidence of expenses beyond the already paid amount.

The Board is remanding the case to conduct an audit of the Veteran's surviving spouse's account and determine the amount of benefits that were due but not paid at the time of her death in August 2013. The Appellant is also asked to provide documentation supporting any personal expenses she may have incurred for last sickness and burial.

The Board has decided to remand the case due to insufficient reasoning in a previous VA examination regarding the service connection for hiatal hernia (also claimed as indigestion).

The Board denied service connection for a LEFT middle finger disorder, finding no current disability and insufficient evidence to establish a nexus between the Veteran's military service and any such condition.

The Board has dismissed the appeal due to a withdrawal by the Veteran's authorized representative.

The Board denied service connection for degenerative arthritis of the left foot, right index finger fracture, and left clavicle fracture as there was no evidence to support aggravation during service. The Veteran's hearing loss is rated at 20 percent prior to July 27, 2019, and higher than 20 percent thereafter.

The Board has dismissed the appeals regarding annual clothing allowances for knee brace, shoe inserts, and pain relieving rub as the appellant requested withdrawal of the appeal.

The Veteran's claim for a higher rating for his thoracic spine disability is being remanded due to the need for an adequate examination and consideration of flare-ups.

The Board has decided to remand the case due to incomplete information regarding the Appellant's felony conviction and release date, which is necessary for a fair decision on whether his DIC benefits were properly adjusted based on incarceration after a felony.

The Board denied the Veteran's claim for service connection for polymyositis, finding that there is no current disability of polymyositis and that the evidence does not support a diagnosis. The Veteran was previously diagnosed with fibromyalgia, cervical spine degenerative arthritis, and lumbar spinal stenosis.