Other conditions decisions — 2019

The Board has remanded the case due to non-compliance with previous remand directives, specifically regarding obtaining an October 1982 Agent Orange examination report. The Veteran died from hypertensive cardiomyopathy and was not service-connected for this condition at the time of his death.

The Board denied a refund in excess of $3,225.36 following the November 1, 2013 termination of an apportionment granted on behalf of the Veteran’s dependent child due to the Veteran not living with or providing support for the child from January 2013 through September 2013.

The Board has remanded the case for a retrospective medical opinion to determine if the appellant was insane at the time of her larceny offense in January 1997, which led to her court-martial and subsequent discharge.

The Board has remanded the case for further development due to insufficient medical opinion regarding whether the Veteran's bladder-ureter cancer is related to herbicide agent exposure during service.

The Board denied the claim of service connection for thoracic lordoscoliosis, concluding that it preexisted service and was not aggravated by service.

The Board denied the Veteran's claim for service connection for a sleep disability, finding that there is no evidence of a distinct sleep disability causally related to or aggravated by his service and/or a service-connected condition.

The Board denied a compensable rating for the service-connected residuals of a laceration of the left ring finger, finding that there was no evidence of ankylosis or amputation and that the current noncompensable rating accurately reflects the severity of the condition.

The Board found that the AOJ properly withheld the Veteran's VA compensation benefits for 42 days in fiscal year 2011, during which he was in receipt of military drill pay. The appeal is denied.

The Board has determined that the severance of service connection for left lower lobe and right upper lobe metastatic clear cell carcinoma was improper, and restored this condition to service connection.

The appeal for service connection of a right hand disorder is dismissed due to the Veteran's death.

The Veteran's claim for service connection for a right foot/great toe disability is being remanded due to the need for additional medical opinions regarding the nature and etiology of her current conditions.

The Veteran's service connection claims for a foot disability and bilateral hearing loss have been denied as the evidence does not support a finding of in-service injury, disease or event that caused current disabilities.

The Board has remanded the case for a new VA medical opinion to address the Veteran's in-service complaints of a rash on his right foot, as this was not considered by the previous examiner.

The Board has decided that the reduction of the rating for a left nasal spur from 30 to 0 percent, effective February 1, 2016, was improper and has remanded the case for further development.

The Veteran's claim for an earlier effective date for the grant of service connection for unspecified trauma-stressor disorder is denied as there was no formal or informal communication prior to June 21, 2017 expressing intent to apply for service connection.

The Board has granted the Veteran's claim for service connection for a heart valve replacement, finding that his congenital heart defect was aggravated by his military service and resulting in the need for surgery.

The Veteran's appeal is remanded due to insufficient evidence and the need for clarification regarding overpayment debt, including notification letters and accounting of the debt.

The Veteran's skin cancer is being remanded for further examination and opinion as to whether it is at least as likely as not attributable to his service, including presumed exposure to herbicide agents.

The Veteran's right foot disability remains in appellate status as the maximum schedular rating has not been assigned. The Board finds that an additional VA examination is necessary to ascertain the current severity and manifestations of his service-connected right fifth metatarsal fracture.

The Board has decided to remand the Veteran's claims for service connection for anemia, increased ratings for PTSD and diabetes mellitus, and TDIU due to his service-connected disabilities. The VA is required to obtain updated medical records, schedule a VA examination for anemia, diabetes mellitus, and PTSD, and provide further opinions on these issues.