Other conditions decisions — 2020

The Board has decided that an SOC should be issued for the Veteran's helpless child claim, as it was overlooked in previous proceedings.

The Veteran's claim for service connection for a dental disability for VA treatment purposes is denied because he does not meet the eligibility criteria established by VA regulations.

The Board has remanded several issues including ratings for lumbar spine disability, sciatic radiculopathy, GERD, and Barrett’s esophagus. The Veteran's dental condition is not service-connected for compensation purposes.

The Board has decided to remand the case due to incomplete medical opinions and the need for additional records. The Veteran's right ilioinguinal neuralgia, postoperative repair is still rated at 10 percent.

The Board has determined that the issues of whether the overpayment of apportionment benefits to the appellant, on behalf of her child D.D., was properly created and entitlement to a waiver of recovery of the overpayment are not ripe for appellate review due to procedural issues. The termination of the apportionment of the Veteran’s VA monthly compensation benefits to the appellant, on behalf of her child D.D., is also remanded.

The Board is remanding the case to develop evidence regarding the Appellant's income and unreimbursed medical expenses, as she did not provide this information in her initial claim.

The Veteran's emergency treatment at Memorial Hospital Center on June 12, 2016 was not eligible for reimbursement under VA policies due to the lack of prior authorization and because he did not meet eligibility criteria for payment as per the Veterans Choice Program. The claim is denied.

The Board has decided to remand the case due to the need for a new VA examination of the Veteran's left foot to determine if her bunions were aggravated by military service or her service-connected disabilities.

The Veteran's service-connected residuals of arteriovenous fistula embolization right lower lobe, status post-surgical repair are not manifested by edema, stasis dermatitis, ulceration, heart failure, enlarged heart, wide pulse pressure, or tachycardia. As a result, the claim for an initial compensable disability rating is denied.

The Board has not received all of the Veteran's service treatment records, specifically those related to a fall injury in 1966. The case is being remanded again for further development.

The Board has determined that the overpayment of VA compensation benefits for dependents was not properly created due to VA's failure to notify the Veteran of his divorce and remarriage, resulting in an overpayment. The appeal is granted.

The Board denied the Veteran's claim for service connection for fluid seepage, dampness, wetness, and oozing from both ears (bilateral ear condition) as there was no evidence to support a nexus between his current bilateral ear condition and his military service.

The Veteran's claim for service connection for ulcerative colitis, as secondary to PTSD, has been granted. The Board found that the Veteran's ulcerative colitis was aggravated by his service-connected PTSD.

The Veteran's throat cancer was not incurred or aggravated during active duty, and its incurrence or aggravation during active duty may not be presumed. The Board denied service connection for the throat cancer.

The Board denied service connection for myelodysplastic syndrome, finding that the condition was not incurred in or related to service and did not develop within a year of separation.

The Veteran's blindness of the left eye following cataract surgery is denied as there was no negligence by VA in providing care, and the blindness resulted from a ruptured capsule during the procedure.

The Board has determined that the reduction in VA disability compensation for concurrent receipt of active service drill pay was proper, but the correct amount is $5,366.05 and not the originally proposed amount.

The Veteran's claim for special monthly compensation based on aid and attendance/housebound was denied because she failed to appear for a scheduled VA examination without providing good cause.

The Board has remanded the case due to an issue regarding the proper creation of the overpayment.

The Veteran's right-boxer knuckles have been rated at 40 percent since July 29, 2015. The VA examiner found favorable ankylosis in the proximal interphalangeal joints of the right-index, long, ring, and little fingers, but no unfavorable ankylosis or loss of use of the hand.