Other conditions decisions — 2020

The Board has decided that the Veteran is not entitled to a waiver of recovery of overpayment of VA compensation benefits. The decision is remanded because the necessary financial information from the Veteran was not provided.

The Veteran's overpayment debt for VA compensation benefits is being remanded due to the need to verify his dates of incarceration and transitional housing.

The Board found that the Veteran's gynecomastia was caused by his VA-prescribed Risperdal, and thus denied compensation under 38 U.S.C. § 1151.

The Veteran's active duty service from June 11, 2003 to June 1, 2007 is considered disqualifying for purposes of Chapter 33 educational assistance benefits under VA regulations. The claim for Post-9/11 GI Bill (Chapter 33) educational assistance benefits is denied.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's skin disability is related to his active service, specifically exposure to asbestos.

The Board found that the appellant's remarriage in March 2009 was not invalid under South Carolina law, and thus the VA's decision to terminate DIC benefits due to her remarriage was proper.

The Board has remanded the claim for service connection for polycythemia vera (myelofibrosis) due to herbicide exposure, as it is unable to make an informed decision without further development. The Veteran meets criteria for presumptive exposure to herbicides but myelofibrosis is not among those diseases considered a presumptive disease under 38 C.F.R. § 3.309(e).

The Board has dismissed the appeal for an earlier effective date for SMC based on housebound status. The claim of entitlement to an earlier effective date for service connection for Congestive Heart Failure (CHF) is denied as there is no evidence of a prior claim filed before July 9, 2015.

The Veteran's service-connected right foot and left foot arthroplasty residuals are being remanded for further evaluation due to the need for a VA examination.

The Board has remanded the case due to insufficient medical opinions regarding direct service connection for atrial fibrillation. The Veteran's heart disorder is presumed to be related to herbicide exposure, but a definitive opinion on whether it is directly related to his active duty service is needed.

The Board denied service connection for a pituitary adenoma with acromegaly, finding that the evidence does not support a link to service or exposure to herbicides.

The Veteran's right hip replacement did not result in additional disability due to carelessness, negligence, or lack of proper skill on the part of VA. The leg-length discrepancy and back pain are attributed to pre-existing conditions.

The Veteran's claim for service connection for a stomach muscle strain as secondary to his crush injury to the left hand has been reopened. The Board finds that a new examination and opinion are needed due to an inadequate previous VA examination. Additionally, the Veteran's TDIU claim is remanded due to incomplete records from Social Security Administration.

The Board dismissed the appeal because the appellant requested to withdraw his appeal.

The Board has decided to remand the issue of service connection for a respiratory condition due to insufficient evidence and need for an opinion.

The Veteran's right forearm tendinopathy and hypersomnia have been denied as service-connected disabilities, with the rating for right forearm tendinopathy remaining at 10 percent.

The Veteran's claim for compensation under the provisions of 38 U.S.C. § 1151 for lymphedema of the lower extremities is remanded due to a lack of an addendum opinion addressing whether his additional disability was proximately caused by VA carelessness, negligence, or similar fault.

The Veteran seeks recognition of his adopted adult son, I.G., as his 'helpless child' for the purpose of additional dependency compensation. The Board has ordered VA to obtain private and state disability records from SSA.

The Board has decided that the AOJ should review additional medical evidence and readjudicate your claims for service connection. The case is being sent back to the AOJ for this purpose.

The Veteran's squamous cell carcinoma of the tongue is remanded for a VA examination to determine if it should be considered a respiratory cancer and whether it is at least as likely as not related to his service, including exposure to herbicide agents (Agent Orange).