Other conditions decisions — 2019

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has denied the Veteran's claims for waiver of overpayment of VA compensation benefits from November 2011 to June 2013, finding fault on his part. However, it granted the claim for waiver of recovery of the overpayment debt from July 2013 to November 2017 due to lack of fault and evidence of financial hardship.

The Veteran's claim for an effective date earlier than February 8, 2008 for the grant of service connection for an aortic regurgitation disability with left ventricular hypertrophy is denied. The Board found that the correct effective date was the day after the Veteran’s separation from active service.

The Veteran's Bell's palsy has been rated at 10 percent since May 21, 2009. The Board denied an increased rating for the condition as there is no evidence of additional disability affecting vision or speech.

The Board has denied the Veteran's claim for service connection for a left hip disorder and remanded the issue of an increased rating for lumbar paravertebral muscle strain.

The Board has remanded the case for a new VA examination to determine if the Veteran had any jaw or facial disability during the appeal period and whether it is at least as likely as not caused by an in-service incident. The previous examinations were deemed inadequate.

The Veteran withdrew her appeal for a total disability rating based on individual unemployability (TDIU). The Board dismissed the appeal as there are no allegations of errors of fact or law to consider.

The Board has decided that further evidence is needed to determine if the Veteran can handle VA funds responsibly, as he was previously deemed incompetent.

The Board has found that a 20 percent rating for right foot tendonitis, achilles is warranted. However, the Veteran's right foot neurological impairment requires further examination to determine its nature and etiology.

The Veteran's claim for a temporary total rating following surgery for pilonidal cyst was denied because the condition is not service-connected.

The Veteran's claim for an earlier effective date for a 10% rating for service-connected bilateral salpingectomy is denied. The earliest possible effective date is August 28, 2008.

The Board denied the Veteran's claim for service connection for a pituitary tumor, finding that there was no evidence linking his benign tumor to exposure to ionizing radiation or chemical exposure during service.

The Veteran's active service with the Army National Guard from June 2009 to November 2011 is considered qualifying service for Chapter 33 benefits under the Post-9/11 GI Bill, and eligibility for education assistance has been granted.

The Board dismissed the appeal regarding the propriety of reducing, reinstating, and terminating nonservice-connected pension benefits due to a request for withdrawal by the Veteran.

The Veteran's claims for service connection for upper airway resistance syndrome and restless leg syndrome are being remanded due to the need for additional medical examination and analysis. The examiner is asked to consider whether these conditions are related to his military service, including environmental exposures in Southwest Asia.

The Veteran's appeal is remanded for further development and consideration, including a TDIU claim. The current rating for the right great toe fracture remains at 10 percent.

The Veteran's grandchild, N., is not recognized as her dependent child for VA purposes due to the specific definition of 'child' under Veterans' benefits law.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Flagstaff Medical Center on April 14, 2014 was denied because the claim was not filed within the required 90-day period after the treatment date. The appeal is based on a non-service-connected condition.

The Board has decided to remand the case due to deficiencies in the development of evidence and notification provided by the AOJ. The issues are related to reimbursement for unauthorized medical expenses and prior authorization under a specific statute.

The Board has denied the veteran's claims for compensation under 38 U.S.C. § 1151 for liver damage, left shoulder joint arthritis, right wrist carpal tunnel syndrome, left wrist carpal tunnel syndrome, left knee degenerative arthritis, right knee degenerative arthritis, chronic cervical strain with radiculopathy and neuropathy, lumbar strain, allergic rhinitis, and PTSD. The Board has also remanded the veteran's claim for compensation under 38 U.S.C. § 1151 for prurigo to the RO for additional development. In September 2019, the RO granted the veteran's claim for compensation under 38 U.S.C. § 1151 for prurigo and assigned a 10 percent disability rating effective August 14, 2013. As this constitutes a full grant of the benefit sought on appeal, the appeal is dismissed.