Other conditions Board decisions

The Board has remanded the case due to a lack of probative value in the January 2018 medical opinion, which questioned the credibility of the Veteran's report of having engaged in unprotected sex with an individual during service who was diagnosed with HIV and/or AIDS. The Board now requires a supplemental medical opinion regarding whether it is at least as likely as not that the Veteran’s HIV was incurred during his active military service or is otherwise related to his period of service from 1984 to 1986.

The Board has granted service connection for ulcerative colitis as secondary to the Veteran's service-connected mood disorder with panic attacks, finding that the evidence is in equipoise and resolving all reasonable doubt in favor of the Veteran.

The Board denied an earlier effective date for DIC benefits, stating that the claim was filed on December 22, 2015 and therefore cannot be granted as it is not earlier than this date.

The Board denied service connection for hairy cell leukemia and a sinus disability, concluding that the preponderance of evidence did not support a finding that these conditions began during service or were related to any in-service exposures.

The Board has remanded the case due to insufficient evidence regarding whether a service-connected disability contributed to the Veteran's death. The appellant must provide additional medical opinions.

The Board has determined that the appellant's discharge from service was due to willful and persistent misconduct, which constitutes a bar to receiving VA benefits. The character of his service is therefore not considered honorable or under honorable conditions.

The Veteran's adjustment disorder was rated at 70 percent prior to October 12, 2018 and granted a 100 percent rating effective October 12, 2018.,Prior to October 12, 2018, the Veteran did not meet the criteria for a TDIU as her adjustment disorder was not manifested in total occupational and social impairment.

The Veteran's service-connected acquired psychiatric disorders are rated at an initial 70 percent, but no higher. The rating will remain in effect until further notice.

The Veteran's right eye disability, including pinguecula and pterygium, resulted in a 10% rating for visual impairment prior to April 25, 2016. From that date until July 19, 2019, the Veteran was granted a 30% rating for his right eye disability. As of August 15, 2017, he received a 10% rating for disfigurement due to pterygium.,The decision also addressed the Veteran's pinguecula and pterygium separately, with each condition receiving its own rating based on visual impairment.

The Board denied the Veteran's claim of service connection for a dental disability for compensation purposes as there is no evidence of loss of substance of the body of the maxilla or mandible due to trauma or disease such as osteomyelitis, which would be required for service connection for a dental disability for compensation purposes.

The Board denied service connection for a skin disorder, finding no in-service injury or disease and insufficient evidence linking the current condition to active service.

The Veteran's claims for service connection for a gastrointestinal disability, including ulcerative colitis and rectal bleeding, as well as an ITP disability, were denied. The Board found that the evidence did not support a causal relationship between these conditions and active service.

The Veteran's right tibia fracture and bilateral foot stress fractures are currently rated at 10 percent each, with no higher ratings granted.

The Board has determined that the matter is not ripe for appellate review due to procedural issues and remands it back to the RO for compliance with contested claims procedures, including providing the Veteran with a copy of the content of the January 2020 SOC and February 2020 substantive appeal. The RO should also obtain updated information regarding the status of the Veteran's incarceration and the appellant’s income and expenses.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to concerns about the adequacy of the VA medical opinion provided in March 2016, and the need for additional records and an updated examination.

The Board denied a rating in excess of 10 percent for the Veteran's service-connected status post gunshot wound, left leg, finding that the evidence did not support such an increase.

The Board has remanded the case due to insufficient examination and testing for right tibia and fibula fracture residuals. The TDIU claim is also remanded as it could impact the evaluation of the fractures.

The Board has remanded the case due to insufficient information regarding the Veteran's service during the USS Chicago deployment and his esophageal cancer. The issues include determining if the cause of death was related to service, whether the Veteran served within Vietnam's territorial sea in 1966, and the etiology of the esophageal cancer.

The Veteran's claims for higher ratings for varicose veins of both legs and TDIU are being remanded due to the need for updated VA records, authorization for private treatment review, and an examination.

The Veteran's cutaneous T-cell lymphoma was not found to meet the criteria for an initial compensable rating prior to April 2, 2019. From April 2, 2019, a 10 percent rating is granted.