Real decisions, in plain English

The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.

back condition · chronic low back pain · degenerative arthritis · degenerative disc disease · intervertebral disc syndrome

The Board denied service connection for both a lower back condition and a cervical spine condition, finding that the evidence did not support a nexus between these conditions and service.

lower back condition · cervical spine condition

The Veteran's diabetes is service connected as it was caused by his service-connected hypertension, and the evidence is in equipoise regarding this connection.

diabetes mellitus type II

The appeal seeking to establish entitlement to special monthly compensation (SMC) is dismissed because the AOJ decision was merely implementing a Board's earlier effective date decision for service connection.

left upper extremity radiculopathy · right upper extremity radiculopathy

The Board has granted the Veteran's claim for service connection for left breast cancer, finding that her current disability resulted from in-service toxic exposure risk activities (TERAs). The positive and negative evidence is at least approximately balanced or nearly equal.

left breast cancer

The Board has determined that the reduction of nonservice-connected death pension benefits effective January 1, 2021 was proper based on a change in countable income.

The Veteran's claim for a higher rating for PTSD with alcohol use disorder was denied, and he was granted a TDIU. The Board found that the symptoms did not meet criteria for a 100% disability rating.

Posttraumatic Stress Disorder · Alcohol Use Disorder

The Board denied service connection for tinnitus as there was no valid current evidence linking the condition to military noise exposure, and the Veteran's denial of tinnitus since service discharge is not credible.

tinnitus

The Veteran's claim for an earlier effective date of August 13, 2018, for the award of service connection for an acquired psychiatric disorder is granted. The Veteran also meets the schedular criteria for entitlement to TDIU prior to June 1, 2023.

Acquired psychiatric disorder

The Board denied the Veteran's claims for service connection for a low back disability and bilateral hip disability, finding that there was no evidence linking these conditions to his military service.

Low back disability · Bilateral hip disability

The Board has remanded the case due to insufficient evidence regarding service connection for an acquired psychiatric disorder, including PTSD. The Veteran's lay statements and medical records are considered in determining whether there is a nexus between current symptoms and service.

Posttraumatic Stress Disorder (PTSD) · Depression · Anxiety · Alcohol Dependency · Obstructive Sleep Apnea (OSA)

The Veteran's claim for SMC based on aid and attendance is denied as the effective date cannot be prior to November 9, 2017.

TBI

The Veteran's claim for an initial compensable rating for OSA is denied as his sleep apnea has not been manifested by persistent daytime hypersomnolence or required use of a breathing assistance device such as a CPAP machine.,The Veteran's claims for service connection for dry eye syndrome and an increased rating for left knee disability are remanded due to procedural errors in the adjudication process.

dry eye syndrome · torn meniscus in left knee

The Veteran's service-connected conditions do not meet the criteria for an automobile or adaptive equipment allowance due to his ischemic heart disease and diabetic neuropathies. The Board has ordered a remand for further examination of his upper and lower extremity disabilities.

Ischemic heart disease with sick sinus syndrome with postural tachycardia syndrome (POTS) · Type II diabetes with diabetic neuropathies

The Board has decided that an earlier effective date for the award of special monthly compensation (SMC) under 38 U.S.C. § 1114(s) is denied, and has remanded the issue of entitlement to a compensable rating for Female Sexual Arousal Disorder (FSAD).

Female Sexual Arousal Disorder (FSAD)

The Veteran's acquired psychiatric disorder with TBI is rated at 70 percent, but the appeal for a higher rating is denied.

Posttraumatic Stress Disorder (PTSD) · Major Depressive Disorder (MDD) · Generalized Anxiety Disorder (GAD) · Alcohol Use Disorder (AUD)

The Board has decided to remand the Veteran's claims for increased evaluations due to pre-decisional duty-to-assist errors, specifically regarding the evaluation of her service-connected left knee and foot disabilities. The VA examinations are inadequate as they did not consider the ameliorative effects of medication.

left knee meniscal tear with degenerative arthritis · left foot plantar calluses with hallux valgus

The Veteran's claim for a higher rating for her service-connected degenerative arthritis of the thoracolumbar spine with scoliosis is granted, and an effective date of August 23, 2022, is established.

Degenerative arthritis of the thoracolumbar spine with scoliosis

The Veteran's claim for service connection for persistent depressive disorder with anxious distress was granted, effective January 17, 2024. The Board has now granted an earlier effective date of May 31, 2019.

Persistent Depressive Disorder · Anxiety

The Veteran's claims for increased ratings for sciatic radiculopathy and cervical radiculopathy were denied as the evidence did not show more than mild incomplete paralysis, neuritis, or neuralgia.

Sciatic radiculopathy · Cervical radiculopathy