Other conditions decisions — 2019

The Board denied the Veteran's claim for an initial compensable rating for right ear Eustachian tube dysfunction, finding that his symptoms did not meet the criteria for a compensable disability rating.

The Board has decided to remand the case due to the Veteran's failure to report for a VA examination, and additional development is necessary before service connection can be determined.

The Veteran's claim to reopen the service connection for memory loss has been granted. The issue of TDIU is raised but not adjudicated.,A VA examination is needed to determine if the Veteran’s memory loss can be attributed to any known clinical diagnoses or as an undiagnosed illness.

The Board found that the overpayment of $8,025.71 was properly created due to a delay in notifying VA of the Veteran's spouse's death after her passing in February 2015. The appeal is denied as the Veteran did not notify VA promptly and for approximately one year, he continued to receive additional benefits for his deceased spouse.

The Board has determined that there is not enough evidence to support a finding that the Veteran's lung disorder was incurred during active service. The preponderance of the evidence indicates that any in-service exposure did not lead to the current condition.

The Veteran's cold injury residuals of the left and right feet are currently rated at 30 percent, which is the maximum schedular rating available. The Board denied entitlement to higher ratings for these disabilities as they do not meet the criteria for a higher rating under Diagnostic Code 7122.

The Board denied the Veteran's claim for service connection for a lung disability due to mustard gas and asbestos exposure, finding no evidence of such conditions in service or any causal link.

The Veteran requested to withdraw her appeal regarding the claim of service connection for premature atrial contractions (claimed as tachycardia, brachial, and heart palpitation). As a result, the claim is dismissed.

The Board has decided to remand the case for a VA opinion regarding whether the Veteran's March 18, 2014 symptoms were likely manifestations of a panic attack.

The Veteran's visit to a private ENT clinic on July 24, 2013 was not pre-authorized and denied for payment. The Board has ordered additional VA treatment and administrative notes be added to the file to clarify authorization dates.

The Veteran withdrew his appeal, so the case is dismissed.

The Veteran's overpayment of VA compensation benefits is remanded for a complete audit from June 1998 to October 2000. The issue of adding a dependent to an award for compensation is also referred back to the AOJ.

The Board has decided to remand the cases of increased evaluation for social phobia and TDIU due to ineffective VA treatment records, lack of occupational functioning assessment in previous examinations, and need for another VA examination.

The Veteran's claim for an effective date prior to November 19, 2014 for the establishment of his spouse's dependency allowance was denied as the VA received notification of the marriage within a year and no evidence of dependency status change was provided.

The Board denied the Veteran's claim for service connection for sterility, finding no credible evidence linking it to his military service or exposure to radiation or contaminated water at Camp Lejeune. The Board ruled that the preponderance of the evidence is against the Veteran's claim.

The Board denied the appellant's request to be recognized as the surviving spouse of the Veteran due to a lack of continuous cohabitation for decades prior to his death. The exceptions to this requirement were not met.

The Board found that the overpayment of VA compensation benefits was validly created due to the Veteran's failure to notify VA of his divorce, and thus denied the appeal.

The Board has remanded the case due to inadequate VA examination and needs further development.

The Board has remanded the claims for service connection for right and left foot hallux valgus conditions due to newly obtained service records. The claim for an acquired psychiatric disorder (PTSD) is also remanded.

The Board is remanding the case to obtain Defense Finance and Accounting Service (DFAS) pay history for Fiscal Years 2015 and 2016, specifically regarding the Veteran's receipt of drill pay from October 1, 2015 to December 26, 2015. The reasons for the overpayment are unclear.