Other conditions decisions — 2018

The Board has granted the Veteran's claims for bilateral fractures of the mandible and right mental nerve injury as secondary to his service-connected PTSD.

The Board has decided to remand the case due to inadequate VA examination and missing National Guard records. The Veteran's sinus condition is being reviewed again for a new opinion.

The Veteran withdrew their appeal regarding the overpayment of VA compensation benefits, thus the case is dismissed.

The Board has remanded the case due to incomplete development and lack of a representative for the appellant provider. The AOJ is required to obtain medical coverage information, provide VA Form 21-22a to the appellant provider, and obtain an expert opinion regarding whether the Veteran experienced a medical emergency during his hospitalization.

The Board is remanding the case to obtain VA and private treatment records, conduct a medical examination, and determine if the Veteran's leg spasms are related to his military service or his service-connected bilateral foot disability.

The Board has remanded the case due to unclear discharge character and potential secondary cancer issue related to service.

The Board has decided to remand the case due to unclear audit and potential errors in overpayment calculations. The Veteran's representative requested additional accounting, but the March 2017 audit is unclear and does not account for a change in income reported by the Veteran in 2008.

The Veteran's service-connected disabilities were awarded effective January 1, 2012. However, he did not receive compensation for August 1, 2012 due to military retirement payment adjustments. The Board found that the Veteran was not properly compensated and granted proper payment of VA benefits.

The Board denied the Veteran's claim for service connection for a skin disorder, finding that there is no current diagnosis of a skin disorder and noting her statements were not credible.

The Board previously denied the claim for service connection of a gynecological disability. The Veteran appealed and raised the issue of the adequacy of her December 2008 VA examination. The case is now remanded to schedule an appropriate clinician for an examination to determine the nature and etiology of any gynecological disorder.

The Board denied an extraschedular referral for meralgia paresthetica of the right lateral thigh as the Veteran's symptoms were fully contemplated by the assigned rating.

The Veteran died in 1956 and is buried in a private cemetery. Since he did not die on or after November 1, 1990, the VA does not have authority to provide a government-furnished headstone for his privately-marked grave.

The Board has decided to remand the case due to issues related to the creation of the overpayment and whether there was sole administrative error on VA's part. The Veteran needs to provide financial information and respond to the supplemental statement of the case.

The Board denied compensation under 38 U.S.C. § 1151 for the residuals of ruptured ear drum because the weight of the evidence showed that the Veteran's subsequent left otitis media and resultant tympanic membrane perforation were not caused by VA care, but rather an infection he experienced on June 29, 2012.

The Veteran's cholecystectomy residuals have not manifested in severe symptoms, and the claim for an increased rating is denied. The effective date for the increase in disability rating is denied as it is not factually ascertainable that the Veteran’s gallbladder residuals increased to warrant a 10 percent disability rating within a year of his November 15, 2010 claim.

The Board denied service connection for arthritis of the left and right hands, finding no evidence that these conditions began during or were related to service, including exposure to herbicide agents.

The Board has determined that the Veteran's treatment at WMC on January 9, 2014 was for a condition of such nature that a prudent layperson would have reasonably expected delay in obtaining treatment to be hazardous to life or health. The nearest VA medical facility with an emergency department was over an hour away and not feasibly available. Therefore, the Veteran's unauthorized medical expenses are granted.

The Board has remanded the case due to insufficient medical evidence regarding the relationship between the Veteran's neurodegenerative condition and his in-service exposure to environmental toxins. The Veteran is asked to provide any relevant private treatment records, and VA will attempt to verify or narrow down the nature of his in-service exposures.

The Veteran's service-connected right and left foot disorders are granted with a 20% rating, effective from the date of this decision.

The Board has decided that the amount of overpaid death pension benefits needs to be re-evaluated due to unclear information and discrepancies in the records.