Other conditions Board decisions

The Veteran's surviving spouse was recognized for purposes of entitlement to death benefits due to a common law marriage established prior to the Veteran's death.

The Veteran is granted compensation for additional chronic spinal injury residuals as a result of a fall at the VA medical center gym in May 2008, which was caused by negligence on the part of the physical therapist.

The Veteran's pleural plaque (right side) was rated at 30 percent since May 26, 2017. The rating is granted but no higher.

The Board has decided to remand the case due to incomplete development, specifically not obtaining a retrospective medical opinion as directed in the previous August 2022 remand. The Veteran refused an in-person examination and no such opinion was obtained.

The Veteran's cancer is presumed to be related to his in-service herbicide agent exposure, but a VA examiner must provide an opinion on the medical probability of this relationship.

The Board has denied the Veteran's claims for service connection for her gynecological condition and back condition. The case is remanded to obtain a VA examination for both issues.

Service connection for a chronic gastrointestinal disorder, gallbladder condition, pre-cancer polyps and colon problems, and gum disease are granted. The Veteran's right shoulder injury, right elbow limitation of flexion, right elbow limitation of pronation, and right elbow limitation of extension ratings are remanded.

The Board denied service connection for a pulmonary/respiratory disorder claimed as due to in-service asbestos exposure, finding that the evidence did not support a current diagnosis of such a condition.

The Board has remanded the case due to insufficient information regarding the Veteran's employment history and Social Security earnings records from 2010 to 2014.

The Board has decided that the termination of the apportionment of the Veteran's VA compensation benefits previously awarded to the appellant is improper and has ordered further action.

The Veteran's service-connected mental disabilities are granted a disability rating of 70 percent for the entire period on appeal. Service connection is also granted for erectile dysfunction, hypertension, and glaucoma. The issue of total disability rating based on individual unemployability prior to May 18, 2018, is remanded.

The Board has remanded the case due to incomplete consideration of DIC benefits under 38 U.S.C. § 1318, and the cause of death claim is held in abeyance pending issuance of a Supplemental Statement of the Case (SSOC).

The Board has determined that the Veteran's skin condition and esophageal condition, claimed as gastroesophageal reflux disease (GERD), must be remanded for further development of the record.

The Veteran's appeal for an increased rating and the propriety of a reduction in his pleural plaques disability rating has been dismissed due to the death of the appellant.

The Board has decided to remand the case due to insufficient medical evidence regarding whether the Veteran's dental disorder, including gingivitis and loss of teeth diagnosed in 2020, was incurred or caused by service. The Veteran will need to provide additional medical records and a new opinion from a clinician.

The Board denied compensation under 38 U.S.C. § 1151 for failed stent procedure performed on May 18, 2015, requiring subsequent surgery and for staph aureus infection resulting from the same procedure due to lack of evidence showing VA care caused additional disability.

The Board denied service connection for a dental disability, including temporomandibular disorder (TMJ), as there is no reliable evidence linking the Veteran's TMJ to his service. The contemporaneous records established that the Veteran's jaw was normal at separation and there was no objective medical evidence of a TMJ disorder in service.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's vision deterioration disability. The Veteran contends that his left eye deterioration was caused by stress in service and provided lay statements about chronicity of symptoms from separation to diagnosis.

The Board has remanded the claims for service connection for a bilateral eye disability, to include as secondary to service-connected diabetes mellitus, and for TDIU prior to December 30, 2008. The remand is due to incomplete development of evidence.

The Veteran's claim for payment of unauthorized non-VA emergency treatment at SAMC on February 5 and February 6, 2015 is granted as the medical emergency had not ended at the time of transfer to SAMC.