Other conditions decisions — 2019

The Board found that the appellant's service discharge was under other than honorable conditions due to multiple instances of AWOL, and there were no compelling circumstances warranting such absences. The Board denied the claim for VA benefits.

The Board has decided to remand the case due to insufficient causation opinions and requests for updated treatment records. The Veteran's right eye blindness is being reviewed with a retina specialist.

The Board has remanded the case due to an issue with obtaining updated treatment records for the Veteran's spouse, who needs aid and attendance. The Veteran was advised that his authorization for these records was illegible.

The Board has decided to remand the case due to the need for further development, including a VA examination to determine the nature and etiology of the Veteran's right fifth toe/toenail disability.

The Veteran's claim of entitlement to service connection for a cognitive disorder, to include as due to a cerebellar hemorrhage stroke, was granted in a rating decision issued by the AOJ in July 2019.,The appeal as to the remaining issues (loss of use of the right upper and lower extremities, loss of balance, tremors of the right upper extremity, numbness of the left upper and lower extremities) is remanded.

The Board has remanded the case due to a procedural issue and will need to reassess the severity of the Veteran's anemia without considering any medication he may be taking.

The Board has found that further development is needed to determine the etiology of the Veteran's throat and sleep disabilities, including whether they are related to his service. The case is therefore being remanded for additional examination and review.

The Board has remanded the case due to the need for a new medical opinion regarding whether the Veteran's death was caused by negligence or other fault on VA's part in treating him at the VA hospital prior to his death.

The Board denied the Veteran's claim for service connection for an eustachian tube dysfunction disability, finding that there is no current diagnosis of such a condition and thus not meeting the criteria for service connection.

The Veteran's unauthorized medical expenses for inpatient care at a private hospital from November 2, 2017, to November 8, 2017, are denied because he had reached the point of stability and refused transfer to a VA facility.

The Veteran's recurrent small bowel obstructions are rated at 50 percent, the maximum rating available under DC 7301.

The Board denied payment or reimbursement for unauthorized medical expenses incurred at a private hospital on October 23, 2017, as VA facilities were feasibly available and the Veteran refused transfer.

The Board has decided that the reduction in the Veteran's pension benefits effective February 1, 2010 was proper. The issue of whether an overpayment in the initially calculated amount of $34,496 should be waived for recovery is remanded.

The Board dismissed the appeal because the Veteran withdrew it before a decision was made.

The Veteran's positive TB test, abnormal EKG, and excessive weight gain are not considered disabilities for which service connection may be granted. The Board found no evidence of current conditions or a superimposed disease/injury that could have caused these issues.

The appeal is dismissed because the Veteran has already been granted eligibility for assistance in acquiring specially adapted housing, making a special home adaptation grant moot.

The Board has determined that the Veteran's case requires further examination to determine the current severity of his neurological manifestations related to his service-connected iliotibial band syndrome of the right thigh with heterotopic ossification. The Veteran is also seeking a higher initial disability rating for this condition.

The Veteran's throat (tonsillar) cancer is granted service connection, with the cause likely being Agent Orange exposure in Vietnam.

The Board denied the Veteran's request for an earlier effective date of May 20, 2014 for including his spouse as a dependent for VA compensation purposes. The decision states that complete information regarding the Veteran’s prior marriages was not received until October 2014.

The Veteran's service-connected disabilities cause her insomnia. The Board has granted service connection for insomnia.