Other conditions Board decisions

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Conejos County Hospital on December 5, 2011 and December 8, 2011 because the treatment was not for an emergency condition and VA facilities were feasibly available.

The Board has vacated the portion of its March 2019 decision that denied reopening the claim for service connection for residuals of a stroke due to a violation of the Veteran's due process rights. The Veteran was granted an extension of time to submit new evidence.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities was dismissed because the appellant died during the pendency of the appeal.

The Veteran's claims for increased ratings for his left and right hip degenerative joint disease (DJD) have been denied. The VA examinations conducted did not provide sufficient information to determine the extent of functional loss due to flare-ups or repetitive use testing, leading to a denial of all issues raised.

The Veteran's claim for a rating in excess of 10 percent for left foot sesamoiditis, status post bunionectomy, is denied as the evidence does not support a finding of 'moderately severe' or 'severe' foot injury.

The Board has remanded the case due to insufficient evidence of past severity of the Veteran's skin disability, and a new VA examination is needed.

The Board has denied the Veteran's claim for service connection for deep vein thrombosis (DVT) in his right lower extremity, finding that there is no evidence linking it to service or a service-connected disability. The issue of entitlement to a rating in excess of 10 percent for right ankle disability and TDIU remains remanded.

The Board denied service connection for polycythemia vera due to exposure to ionizing radiation, finding that the Veteran's current condition did not manifest within one year of discharge and there was no evidence of symptoms related to polycythemia vera until approximately 14 years after his service. The Board also noted that the Veteran had not provided any contemporaneous medical records supporting his claims.

The Board denied the application to reopen the claim of entitlement to service connection for disequilibrium and remanded the issue of an increased rating for dysthymic disorder.

The Board has granted service connection for a right-hand disability, diagnosed as tendonitis and degenerative joint disease, finding that the Veteran's condition had its onset in service.

The Board has determined that the VA examiner's opinions are inadequate and remands the case for further development, including obtaining additional medical records and requesting an addendum opinion from a different examiner.

The Board has remanded the case due to the need for further evaluation of the Veteran's laryngeal cancer residuals, which may impact his ability to work.

The Veteran's initial 30% disability evaluation for other specified trauma and stressor related disorder is being remanded due to concerns about the full extent of his symptoms, which may have been underreported during a previous examination.

The Veteran's GSW and SFW residuals have been granted increased ratings, with the exception of Muscle Group IV which remains at a 10% rating. The TDIU claim has also been granted.

The Board has dismissed the appeals for service connection for impairment of sphincter control with fecal leakage and frequent urination and leakage, both secondary to diabetes. The Veteran does not have a current diagnosis of poor right leg circulation.

The Veteran's claim for a higher rating for his recurrent lower back strain to include IVDS prior to August 13, 2018 was granted. However, the claim for a rating in excess of 40 percent after that date was denied.

The Veteran's need for regular aid and attendance due to a cerebrovascular accident (CVA) is not service-connected, thus SMC based on the need for aid and attendance is denied.

The Veteran's service-connected skin tags are rated at a separate 20 percent for painful scars, effective from October 2020. The rating in excess of 10 percent for disfigurement is denied.

The Veteran's claims for earlier effective dates for TDIU and Dependents' Educational Assistance benefits were denied as the earliest date VA received the Veteran's claim to reopen his previously denied TDIU claim was April 23, 2012. Dependents' Educational Assistance benefits cannot be awarded prior to the effective date of an award of a permanent and total disability rating.

The Board has remanded the cases due to inadequate examination and need for a new VA examination.