Real decisions, in plain English

The Board denied the Veteran's motion to revise the May 2013 rating decision that denied a TDIU, finding no clear and unmistakable error.

Psychiatric disability

The Veteran's service-connected disabilities do not meet the criteria for eligibility for specially adapted housing or a special home adaptation grant due to lack of permanent and total disability.

Limitation of extension of the left knee · Limitation of flexion of the left knee · Limitation of extension of the right knee · Scars of the left knee · Limitation of extension of the left hip · Limitation of flexion of the left hip · Limitation of extension of the right hip · Limitation of flexion of the right hip

The Veteran's appeals for service connection of chronic fatigue syndrome, headaches, and increased evaluations for lumbar degenerative disc disease, right hip strain (limitation of extension), right knee instability, and PTSD were dismissed due to concurrent review elections. The appeal for an evaluation in excess of 20 percent for a lumbar disability was also dismissed.

Chronic Fatigue Syndrome · Headaches · Lumbar Degenerative Disc Disease · Right Hip Strain, Limitation of Extension · Right Hip Strain, Thigh · Right Knee Instability · Right Knee Strain with Meniscal Tear · Posttraumatic Stress Disorder (PTSD) · Sleep Apnea · Erectile Dysfunction (ED)

The Veteran's allergic rhinitis is currently rated as 10 percent disabling prior to September 16, 2024 and noncompensable thereafter. The Board found the evidence against finding that his condition met the criteria for a higher rating.

Allergic Rhinitis

The Board has restored the Veteran's rating for onychomycosis of bilateral feet from noncompensable to 10 percent effective June 1, 2025.

onychomycosis of bilateral feet

The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.

heart disorder · obstructive sleep apnea (OSA) · sinusitis · lumbar spine disorder · right knee disorder

The Board dismissed the Veteran's appeals for rating and effective date issues related to his right third finger and left thumb disabilities. The Board also granted service connection for a lung condition (asbestosis) and secondary service connection for cardiovascular disease as secondary to PTSD.

Lung Condition (Asbestosis) · Cardiovascular Disease

The Veteran's claim for a rating in excess of 100 percent for PTSD prior to November 10, 2022 is denied.,The issue of entitlement to TDIU based on service-connected disabilities is moot as the Veteran has a single disability rated at 100%.,The earlier effective date for DEA benefits is denied as none of the other criteria were met prior to November 10, 2022.

Posttraumatic Stress Disorder (PTSD)

The Board has denied the Veteran's claim for service connection for right shoulder strain as there is no evidence of a chronic condition in service or within one year after discharge, and the medical opinion found that his current condition is not related to his military service.

right shoulder strain

The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.

COPD

The Board has denied the Veteran's claim for service connection for diabetes mellitus, type II, finding that there is no evidence of its onset during or within one year after his military service and that it was not caused by his service. The Board gave more weight to the medical opinions against the claim.

diabetes mellitus, type II

The Board has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.

Low Back Disability · Left Knee Disability · Right Knee Disability

The Board has determined that the Veteran's generalized anxiety disorder is related to his active-duty service and has granted service connection for this condition.

Generalized Anxiety Disorder

The Board has remanded the claims for service connection for left toe amputation, triple bypass surgery, blockage in legs, and bilateral tinnitus due to procedural errors and the need for additional medical opinions regarding potential exposure to toxins during service.

left toe amputation · triple bypass surgery (coronary artery disease with history of coronary artery bypass grafting) · blockage in legs (peripheral vascular disease and neuropathy) · bilateral tinnitus

The Board has remanded the claims of service connection for prostate cancer and bilateral hearing loss due to inadequate VA opinions.

prostate cancer · bilateral hearing loss

The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.

Bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis · Sleep apnea · Bilateral hearing loss · Tinnitus · Bilateral kidney cysts

The Veteran's claim for service connection of insomnia was denied, and the effective date is set to the date of receipt of the claim (May 31, 2024).

insomnia

The Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.

cervical spine degenerative arthritis · back pain · right upper extremity radiculopathy

The Veteran's hypertension was evaluated, but the evidence did not show that his systolic pressure was predominantly 160 or more during the appeal period. Therefore, he is denied a compensable rating for hypertension.

Hypertension

The Board has granted the Veteran's claim for service connection for headaches as secondary to his service-connected sleep apnea, tinnitus, cervical spine disability, and GERD. The decision is based on a finding of relative equipoise between the conflicting opinions regarding causation.

headaches · tension headaches