Real decisions, in plain English

The Board has granted the Veteran's claim for service connection for a left knee disability as secondary to his service-connected left foot neuroma.

left knee disability · left foot neuroma

The Board has decided to remand the case due to a duty-to-assist error in the prior decision, specifically regarding the aggravation of a pre-existing condition.

right ear hearing loss

The Board has remanded the issues of service connection for atrial fibrillation, benign prostatic hypertrophy with outflow obstruction, congestive heart failure, and hypertension due to inadequate VA opinions. The Veteran's exposure during service is conceded to include asbestos and gas chamber exposures.

atriial fibrillation · benign prostatic hypertrophy with outflow obstruction · congestive heart failure · hypertension

The Board dismissed the appeal for eligibility of direct payment of fees based on past-due benefits awarded to the Veteran, as the Appellant did not file a valid appeal and was not adversely affected by the decision.

The Board has determined that there is no evidence of current diagnoses for right foot pes planus, left foot pes planus, sleep apnea, or narcolepsy. The Veteran's service records do not show any diagnosis of these conditions during or after service. Therefore, the claims are denied.

Right foot pes planus · Left foot pes planus · Sleep apnea · Narcolepsy

The Veteran's TDIU and DEA eligibility claims for the period prior to December 30, 2009 were denied due to insufficient evidence showing that his service-connected conditions alone rendered him unemployable.,The Veteran had multiple service-connected disabilities including degenerative arthritis of both knees and detrusor instability. However, the Board found that these conditions combined with nonservice-connected factors such as bladder issues contributed to his inability to secure or follow substantially gainful employment.

Degenerative arthritis of right knee · Degenerative arthritis of left knee · Detrusor instability, interstitial cystitis

The Veteran's right ankle and right knee disabilities have been evaluated based on their current functional limitations. The Board has determined that the evidence does not support a higher rating for either condition.

Right Ankle Bone Spur with Degenerative Arthritis · Right Knee Bone Spur with Degenerative Arthritis, Limitation of Flexion

The Veteran's schizoaffective disorder, bipolar type, resulted in occupational and social impairment with deficiencies in most areas from November 15, 2016, to August 10, 2021.,Beginning August 11, 2021, the disability caused total occupational and social impairment.

schizoaffective disorder, bipolar type

The Board has granted service connection for adenocarcinoma colon (colon cancer) due to contaminated water exposure at Camp Lejeune, but denied service connection for diverticular disease, which the Veteran contends is related to his exposure to contaminated water at Camp Lejeune.

adenocarcinoma colon (colon cancer) · diverticular disease

The claims for service connection for hypertension, back pain, right hip pain, left hip pain, right knee pain, and left knee pain have been readjudicated. The claim for sleep apnea has also been readjudicated.,Service connection has been granted for a neck condition, back pain, right hip pain, left hip pain, right knee pain, left knee pain, an acquired psychiatric disorder, bruxism, and vertigo.

hypertension · back pain · right hip pain · left hip pain · right knee pain · left knee pain · sleep apnea · acquired psychiatric disorder · bruxism · vertigo

The Veteran's appeal regarding the award of attorney fees to his former attorney representative, K.L., based on past-due benefits awarded in a February 2021 rating decision is dismissed because K.L. waived entitlement to those fees.

The Veteran's claim for TDIU is granted with an effective date of August 17, 2022. The decision also denies the Veteran's request for Special Monthly Compensation (SMC) due to lack of need for aid and attendance or being housebound.

Post-Traumatic Stress Disorder (PTSD)

The Veteran's death benefits claim for the appellant as his surviving spouse was denied because she and the Veteran were not legally married for at least a year prior to the Veteran's death, and there is no evidence of common law marriage. The appellant also did not have any children with the Veteran.

The Board denied the claim for recognition as the Veteran's surviving spouse due to a lack of evidence showing a valid marriage, despite the appellant claiming common law marriage. The Veteran was known to have been in a caregiver relationship with the appellant and had provided financial support to her.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU rating.

left hand carpel tunnel syndrome · intractable headaches · left hand and arm weakness · left knee patellofemoral syndrome · left ear hearing loss · tinnitus · right knee patellofemoral syndrome · left knee instability

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected acquired psychiatric disorder.

sleep apnea · acquired psychiatric disorder

The Board has denied the Veteran's claims for service connection for back pain and neck pain, finding no current disability. The claim for Non-Hodgkin's lymphoma is remanded due to inadequate consideration of all potential exposures.,The claim for an acquired psychiatric disability (PTSD) is also remanded due to a lack of development of the Veteran's therapist's records.

back pain · neck pain · Non-Hodgkin's lymphoma · generalized anxiety disorder

The Board dismissed the appeal regarding attorney fees awarded to Marc Whitehead based on past-due benefits from an April 2025 rating decision because Marc Whitehead waived his right to those fees, and the amount was released to the Veteran.

The Board has decided to remand the claims for service connection for cervical and thoracolumbar spine disabilities due to a predecisional duty to assist error. The Veteran's past medical history needs to be considered in the new examination.

cervical spine disability · thoracolumbar spine disability

The Veteran's appeal is remanded due to the need for a new VA examination focusing on his service-connected disabilities and their impact on his eligibility for benefits, as well as his need for aid and attendance.

Congestive Heart Failure