Other conditions Board decisions

The appeal was dismissed as the outcome sought has been resolved by a change in the law and subsequent administrative action, resulting in no remaining allegation of error of fact or law.

The Board has restored the TDIU rating effective February 1, 2021 due to procedural issues. The case is also remanded for consideration of an earlier effective date and extraschedular TDIU.

The Board has remanded the claim for a total rating based on individual unemployability due to service-connected disabilities, as it requires an extraschedular determination by the Director, Compensation Service.

The appeals for survivors' pension benefits and the cause of death have been dismissed due to the appellant's death.

The Veteran's back disability was rated at 20% prior to May 27, 2014 and granted a 40% rating effective from that date. The current rating of 40% is maintained since then.

The Board found the appellant's discharge under other than honorable conditions was due to willful and persistent misconduct, which constitutes a bar to VA compensation benefits. The appeal is denied as it pertains to character of discharge rather than service connection.

The Board has determined that additional evidence is needed to properly evaluate the Veteran's claim for an increased rating for her service-connected left foot tarsal bone fracture. The case is being remanded to allow for further development of the record, including obtaining any outstanding medical records and scheduling a VA examination.

The Veteran's initial ratings for painful motion of various fingers were denied. The Board found that the criteria for an increased rating did not meet the requirements, as there was no evidence of ankylosis or other functional impairment warranting a higher rating.

The Board has remanded the Veteran's claims for service connection and nonservice-connected pension benefits due to incomplete records, including a lack of service treatment records. The Veteran is also required to undergo an examination regarding his nonservice-connected disabilities.

The Board denied the veteran's claim for service connection for a low back disability due to fraud, as the appellant used the deceased Veteran's identification information to obtain VA benefits.

The Board has denied the Veteran's claims for service connection for memory loss, insomnia, peripheral drusen, cataracts, and retina degeneration as they are not separate disabilities from her service-connected PTSD.

The Veteran's TDIU claim for the period prior to January 25, 2012 was denied as his service-connected disability did not meet the schedular criteria for a TDIU and there is no evidence of an exceptional or unusual disability picture productive of marked interference with employment.

The Board has remanded the issues of entitlement to an apportionment in excess of $125 per month prior to July 1, 2016 and for an effective date prior to October 14, 2011, for the award of an apportionment of the Veteran's VA compensation benefits to the appellant on behalf of A.B., the Veteran's child. The issues were remanded due to incomplete development following a previous Board remand.

The Veteran's service-connected thoracic spine DJD has been manifested by subjective complaints of pain and guarding, resulting in abnormal gait or spinal contour. The Board granted a 20 percent rating for the condition prior to January 29, 2020.

The Board has determined that the reduction in the disability rating for left ulnar nerve palsy from 30% to 10%, effective August 1, 2013, was proper. A 20 percent rating is granted for the period since August 1, 2013. The TDIU claim has been remanded.

The Veteran's gout of the bilateral feet was initially rated as noncompensable prior to November 19, 2009. From November 19, 2009 to January 16, 2012, a rating in excess of 20 percent was denied. From January 16, 2012 to December 27, 2019, a 60 percent disability rating for gout of the bilateral feet was granted.,The Veteran's appeal regarding entitlement to a disability rating in excess of 60 percent since December 27, 2019 has been dismissed.

The Board denied the Veteran's claim for service connection for a neurological disorder, claimed as TIA, finding that there is no evidence to support a diagnosis of TIA and concluding that it is less likely than not related to his service-connected diabetes mellitus.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 and TDIU due to concerns about potential bias in VA medical opinions.

The Board has remanded the case due to procedural issues and a need for full compliance with contested claims procedures. The appellants are seeking accrued benefits for home health care provided by their family members prior to the Veteran's death.

The Veteran's appeal for service connection for a left varicocele was dismissed due to his request to withdraw the appeal. The Board also remanded issues regarding skin rashes, allergies, and NHL.