Other conditions decisions — 2019

The Board has decided that the VA examination provided in September 2017 is inadequate for decision-making purposes and requires a new examination to determine if the Veteran's current left eye condition is related to his service.

The Board has remanded the service connection claims for a spinal disorder due to insufficient evidence. The other issues remain denied.

The Veteran's claim for overpayment of $899.03 due to concurrent receipt of military service drill pay in FY 2016 is remanded because the record does not contain sufficient evidence regarding his drill pay and whether he was entitled to it.

The Veteran's claim for service connection for congenital megacolon, hemorrhagic gastritis, and hiatal hernia has been granted. The conditions are presumed to have been incurred due to exposure to herbicides during active service.

The Board denied service connection for chronic fatigue syndrome (CFS) with myalgia, finding that the Veteran does not have a current diagnosis of CFS and that his symptoms are attributable to known clinical diagnoses. The claim was remanded for consideration of additional evidence regarding a sleep disorder.

The Board has granted service connection for an acquired psychiatric disorder, specifically other specified trauma and stress-related disorder. The decision is based on the Veteran's in-service exposure to hostile military activity during his time in Vietnam.

The Board found that the overpayment of $6,451.09 was valid and denied the appeal.

The Veteran's overpayment of compensation benefits is remanded for a complete audit and determination of the correct amount, as well as an explanation of how it was calculated. The debt owed should be recalculated based on the corrected period of incarceration after the original sentence being vacated.

The Board has remanded the case due to insufficient evidence to determine if the Veteran's current respiratory disorder is related to his service, specifically exposure to airplane exhaust and herbicide agents.

The Board denied an overpayment of VA compensation benefits due to a retroactive reduction in the compensation rate as a result of the Veteran's incarceration for a felony.

The claim for accrued benefits is denied because the appellant did not file an application within one year after the Veteran's death.

The Board has remanded the claims for service connection for diverticulitis and acute gastroenteritis due to outstanding SSA and VA records.

The Veteran withdrew his appeal regarding whether entitlement to Special Monthly Compensation at the housebound rate should be severed. As a result, the Board dismissed this issue.

The Veteran's initial compensable evaluation for his service-connected left elbow disability is being remanded due to the need for a new examination. The issues of secondary service connection for left hand, shoulder, and wrist disabilities are also before the Board but must be addressed in a separate decision.

The Board has decided to remand the case due to incomplete information and need for further development, including completing a VA Form 21-8940 and scheduling new VA examinations.

The Board has denied compensation under 38 U.S.C. § 1151 for a right-hand atrophy disability, finding that the Veteran's condition was not caused by carelessness, negligence, lack of skill or similar incidence of fault on the part of VA personnel.

The Board has determined that the VA examination and opinion provided in April 2018 did not comply with its remand directives. The Veteran's claim for service connection for bilateral lower extremity varicose veins is being returned to the RO for further development.

The Veteran's death was caused by sudden cardiac arrest due to atherosclerotic cardiovascular disease, which the Board found not service-connected. The congenital pectus excavatum condition is considered service-connected.

The Board has granted recognition of F.T. as the Veteran's dependent parent for additional dependency compensation based on her income exceeding $400 per month and reasonable expenses.

The Board denied attorney fees for past-due benefits awarded in an August 2016 rating decision that granted TDIU effective December 11, 2013. The issue of TDIU was continuously on appeal until the RO granted it, but no final decision by the Board with respect to this issue beginning December 11, 2013 has been made.