Other conditions decisions — 2019

The Veteran's claims for service connection of left foot, right foot and skin conditions have been granted. The Board has also remanded the cases due to a lack of VA examinations.

The Veteran's esophageal disability is currently rated at 10 percent, and the Board has ordered a remand to obtain updated treatment records and an examination to assess the current severity of his condition.

The Board has dismissed the Veteran's appeals for service connection of left and right hip disabilities. The appeal for recurrent chest pain is denied.

The Board has decided to remand the Veteran's claims for an initial compensable rating and earlier effective date for a 30 percent rating for dermatophytosis due to outstanding VA treatment records and the need for another VA examination.

The Board denied the Veteran's claim for education benefits under Chapter 30 (MGIB) as she had made an irrevocable election to receive benefits under Chapter 33 (Post-9/11 GI Bill).

The Veteran's appeal is denied for an initial rating in excess of 30 percent for a muscle injury of the right leg due to a shrapnel wound. A separate 30 percent maximum schedular rating for a muscle injury of the left leg due to a service-connected shrapnel wound and a separate 20 percent rating for three tingling scars of the bilateral lower extremities are granted.

The VA benefits were reduced to recoup military drill pay for the Veteran's periods of service with the Army National Guard from Fiscal Year 2011 through Fiscal Year 2014. The appeal is denied.

The Board has determined that the overpayment of VA education benefits was due to sole administrative error by VA, and thus grants the Veteran's request for waiver of the debt.

The Veteran's daughter filed a claim for accrued benefits after the Veteran's death, more than one year later. The Board denied the claim as it was untimely.

The claim for accrued benefits is denied as the appellant filed it more than one year after the Veteran's death.

The Board has granted service connection for a disorder characterized as eye irritation, finding that the Veteran's current eye conditions are related to his Persian Gulf War service.

The Veteran's acquired psychiatric disorder, diagnosed as other specified trauma and stressor related disorder, is granted due to the link between current symptoms and his service-related stressful experiences.

The Board dismissed the appeal because the appellant died during the pendency of the appeal and thus has no jurisdiction to adjudicate the merits of this appeal.

The Veteran's thromboembolic disease was found to be asymptomatic and not manifested by edema, aching, or fatigue in the leg during the rating period. As such, he is denied an initial compensable rating for his history of thromboembolic disease of the right leg.

The Board has remanded the cases for further development, including obtaining medical opinions regarding whether the Veteran's ulcerative colitis and mouth blisters are related to his service, specifically his presumed exposure to herbicide agents.

The Veteran's right leg foot drop disability was not proximately caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA. The Board found that the Albany VAMC provided appropriate treatment for the reported symptoms and that the Veteran failed to follow medical advice.

The Board has remanded the case due to misaddressed requests for documentation and will readjudicate the contested claim on appeal.

The Board has decided that the Veteran's appeal is not resolved and needs further investigation. The medical records are incomplete, specifically the billing and accounting statements for the treatment on January 18, 2017 at a private hospital. These documents need to be obtained before any decision can be made.

The Board has decided to remand the case due to incomplete income and net worth information provided by the appellant. The appellant needs to provide updated financial information for her claim of death pension benefits, including aid and attendance.

The Veteran's claim for a higher rating for his service-connected back disability is remanded due to the need for updated VA examination and consideration of new evidence.