CAVC Case 24-293: Back

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2025-05-30 · PIETSCH, Judge

This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.

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10%$180.42
20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
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Outcome
Remanded
Decision Date
2025-05-30
Judge
PIETSCH, Judge
Service Era
June 1988 to August 1988

Conditions Claimed

BackShoulderAnkleSkinHeartRespiratoryGI

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Issues on Appeal

Back ConditionService ConnectionIncreased Rating

Why It Was Decided This Way

Specifically,the Board noted that the appellant reported to have received treatment for all his claim conditions at Munson Army Health Center in Ft.

The Board found that because there may be outstanding and relevant 2 Case:24-293 Page: 3 of 13 Filed:05/30/2025 treatment records from a U.

Army health care center,a remand is required to allow VA to request these records.

The Board denied entitlement to initial compensable ratings for the appellant's hemorrhoids and scars of the trunk and extremities.

In addition,the Board denied a separate initial compensable rating for mast cell activation syndrome under Diagnostic Code 6522.

On remand,the Board was directed to ensure that all of the appellant's outstanding treatment records from Munson Army Health Center are obtained in compliance with the duty to assist and the January 2020 Board remand instructions.

In the September 28,2023,decision,the Board denied an initial evaluation in excess of 60%for mast cell activation syndrome with facial flushing and a skin rash and further denied a separate compensable evaluation for mast cell activation under DC 6522.

In addition, the Board denied initial compensable ratings for the appellant's scars and hemorrhoids and also denied an initial rating in excess of 10% for GERD with hiatal hernia.

Authorities Cited

Allday v. BrownCray v. WilkieDeloach v. ShinsekiEsteban v. BrownFugere v. DerwinskiGilbert v. DerwinskiGill v. McGill v. ShinsekiHensley v. WestJohnson v. WilkieKutscherousky v. WestMaggitt v. WestMorgan v. WilkieRobinson v. PeakeRobinson v. ShinsekiSchafrath v. DerwinskiSee Best v. PrincipiSee Frankel v. DerwinskiSee Hampton v. GoberSee Hensley v. WestSee Kay v. PrincipiSee Lyles v. ShulkinSee Tucker v. WestStegall v. WestWebster v. Derwinski

Denial Type

Non Denial Outcome

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