Real decisions, in plain English

The Veteran's PTSD has been granted a 70% rating effective from October 26, 2021, due to occupational and social impairment in most areas.

Posttraumatic Stress Disorder (PTSD)

The Veteran's claim for a higher rating for left shoulder degenerative joint disease with glenohumeral joint instability was denied as his disability did not more nearly approximate limitation of motion to 25 degrees from the side.

left shoulder degenerative joint disease · glenohumeral joint instability

The Veteran's Special Monthly Compensation (SMC) based on the need for regular Aid and Attendance is granted as of April 25, 2024.,For diabetes mellitus, a rating in excess of 20 percent is denied.

major depressive disorder · right upper extremity peripheral neuropathy · left upper extremity peripheral neuropathy · right lower extremity sciatic peripheral neuropathy · left lower extremity sciatic peripheral neuropathy · right lower extremity femoral peripheral neuropathy · left lower extremity femoral peripheral neuropathy · prostate cancer with voiding dysfunction · bilateral cataracts · erectile dysfunction · diabetes mellitus

The Board denied the Veteran's claims for higher initial ratings for his service-connected left and right knee strains, finding that the evidence did not support a rating higher than 10 percent.

Left Knee Strain · Right Knee Strain

The Veteran's PTSD is rated at 70 percent, which is the maximum schedular rating available. The appeal for a higher rating is denied.

PTSD

The Board has remanded the case due to insufficient evidence regarding whether the Veteran requires personal care services and if participation in PCAFC would be in his best interest. The case will be reviewed with a new opinion from CEAT.

The Board has granted service connection for the cause of the Veteran's death, finding that side effects from prescribed medications contributed substantially and materially to his accidental motorcycle collision resulting in fatal injuries.

adjustment disorder with anxiety · migraine headaches · right shoulder disorder · right wrist disorder · right foot disorder · bilateral hip disorders · bilateral knee disorders · bilateral ankle disorders · cervical spine disorder · low back disorder · tinnitus

The Veteran withdrew his appeals for service connection of peripheral neuropathy in all four extremities, resulting in the dismissal of these claims.

peripheral neuropathy of the right upper extremity · peripheral neuropathy of the left upper extremity · peripheral neuropathy of the right lower extremity · peripheral neuropathy of the left lower extremity

The Veteran's appeal regarding overpayment of Post-9/11 GI Bill educational assistance benefits is remanded due to a pre-decisional error. The AOJ will consider any additional evidence submitted when the claim is readjudicated.

The Board denied the Veteran's claim of CUE in the February 1995 rating decision that denied service connection for tinnitus, finding no evidence of incorrect application of law or fact.

tinnitus

The Board has decided to remand the Veteran's claims for service connection due to incomplete findings and failure to properly address the onset, cause, and nature of his conditions. The VA will need to schedule examinations to determine if his rhinitis and bilateral hand disabilities are related to service.

rhinitis · left hand tremors · right hand tremors · allergic rhinitis · right hand condition (including prickly feeling)

The Board has granted service connection for bilateral pes planus, bone spurs and arthritis in the feet, concussion with residuals, degenerative disc disease in the lower back, left knee patellofemoral pain syndrome, right knee patellofemoral pain syndrome, and right shoulder impingement syndrome and rotator cuff tendinitis.,The Board has also remanded the claims for service connection for a right thumb condition, right hip condition, and lower extremity nerve conditions.

bilateral pes planus · bone spurs and arthritis in feet · concussion with residuals · degenerative disc disease in lower back · left knee patellofemoral pain syndrome · right knee patellofemoral pain syndrome · right shoulder impingement syndrome and rotator cuff tendinitis

The Veteran's claim for an earlier effective date for the grant of service connection for PTSD is dismissed because it constitutes a freestanding claim, which is prohibited.

Posttraumatic Stress Disorder (PTSD)

The Board denied the Veteran's request for additional VR&E services, other than employment services, to include additional education and training benefits. The decision found that his current goal of obtaining a bachelor's degree was not reasonably necessary to achieve suitable employment.

Service-connected disabilities

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are etiologically related to his in-service noise exposure. The decision is based on a review of medical opinions and the Veteran's lay statements.

bilateral hearing loss · tinnitus

The Veteran's appeal was dismissed because the VA Form 10182s filed in April 2020 were untimely attempted opt-ins to the Veterans Appeals Improvement and Modernization Act of 2017 (AMA).

The Veteran's left clavicle fracture resulted in painful motion of the AC joint, which is rated at a minimum of 20 percent under VA regulations. The appeal for higher ratings was denied.

Left clavicle fracture

The Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.

Intervertebral disc syndrome (IVDS)

The Board has decided to remand the service connection claims for shoulders and neck disabilities, as there was a failure to provide notice of the right to a hearing before the AOJ.

rheumatoid arthritis of shoulders · rheumatoid arthritis of the neck

The Board has decided to remand the Veteran's claim of entitlement to service connection for obstructive sleep apnea, as it raises a direct service connection theory and there are duty-to-assist errors that need to be corrected.

Obstructive Sleep Apnea