Other conditions decisions — 2019

The Veteran withdrew his appeals for alcohol use disorder and a pulmonary condition, leading to their dismissal.

The Board has remanded two issues: whether the discontinuance of a higher rate of special monthly compensation (SMC) based on the regular need for the aid and attendance of another person due to hospitalization at government expense, from October 1, 2012, was proper; and whether an overpayment of Department of Veterans Affairs (VA) compensation benefits in the amount of $42,753.20 was properly created.

The Board denied service connection for a gastrointestinal disorder, finding no current evidence of the condition and concluding that the Veteran's allegations were not sufficient to establish a nexus between his claimed condition and service or service-connected onychomycosis.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's throat cancer and its relation to service.

The Board has remanded the case due to the need for additional medical records from C.B.'s treatment at the Naval Medical Center San Diego.

The Veteran's death was not service-connected, and therefore the claim for burial benefits is denied.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The overpayment of $1072 in VA pension benefits was denied as the Veteran's fault contributed to its creation, and repayment would not cause undue financial hardship.

The Board has ordered additional development to determine the appellant's periods of active duty and active duty for training, as well as whether he had a current acquired psychiatric disability during his period of service. The examiner is asked to provide an opinion on whether any diagnosed personality disorder or alcohol use disorder was subject to a superimposed disease or injury that resulted in a current acquired psychiatric disability.

The Board has granted the Veteran's petition to reopen his claim of service connection for a right hip disorder and remanded it for further development.

The appeal has been dismissed as the Veteran requested to withdraw her appeal regarding Dependents’ Educational Assistance (DEA) benefits for her spouse.

The Veteran's claim for an evaluation in excess of 20 percent for post-surgery left rotator cuff tear is denied. The Board finds that the evidence does not support a higher rating due to limited range of motion, and no other criteria warranting a higher rating are met.

The Veteran's severe chest and lung pain and difficulty breathing are not deemed to be caused by VA carelessness, negligence, or fault related to his February 2012 thoracoscopy and lung biopsy. The Board finds that the preponderance of evidence does not support a finding of additional disability.

The Veteran's appeal for an effective date of August 12, 2013, for recognition of J.P. as his child for the purpose of additional compensation for a dependent school-aged child between the ages of 18 and 23 was denied due to lack of a written claim within one year of commencement of full-time attendance at Rose State College.

The Board has remanded the case to consider a separate compensable rating for restless leg syndrome (RLS). The Veteran's claim will be reconsidered with an additional VA examination.

The Veteran's appeal was dismissed because the appellant requested to withdraw his appeal.

The Veteran's metabolic myopathy has worsened, and the Board is remanding for a VA examination to assess the current severity and etiology of any residuals such as erectile dysfunction and stroke. The TDIU claim is also being deferred due to its inextricability with the increased rating issue.

The Board has granted service connection for photophobia and left hand disability manifested by numbness and tingling, finding that the evidence is at least evenly balanced as to whether these conditions are related to service.

The Veteran's claim for service connection for a right shoulder disability, including DJD with tendinosis and right triceps strain, has been reopened. The Board found new and material evidence to support the reopening of the claim.

The Board has remanded the case for additional development and adjudication, including obtaining a VA examination to address the Veteran's claim of service connection for difficulty swallowing.