Other conditions decisions — 2020

The Board has decided that the Veteran's claim for payment or reimbursement of medical services received at SSM Health Medical Group on July 19, 2019 cannot be decided without additional information and records. The decision is remanded to allow VA to obtain the necessary documents.

The Board denied the Veteran's request for waiver of an overpayment of VA compensation benefits, finding that recovery would not be against principles of equity and good conscience due to financial hardship.

The Veteran's daughter is denied recognition as a surviving child for DIC benefits and basic eligibility for accrued benefits due to her age over 23 at the time of her father's death.

The Board has denied the Veteran's claim for service connection for right testicle trauma as there is no evidence of an in-service injury or event related to this condition.

The Board denied the veteran's request for a waiver of overpayment of VA Survivors Pension benefits, finding that there was no evidence demonstrating fraud or misrepresentation on her part and that she was primarily at fault in creating the debt. The decision also noted that recovery would not defeat the purpose of the benefit as the veteran is no longer entitled to receive the pension due to her increased income.

The Board has determined that the Veteran's cholangiocarcinoma is related to his in-service exposure to herbicide agents, and thus service connection for this condition is granted.

The Veteran's claim for service connection for colon cancer is denied because he does not have a current diagnosis of the condition.

The Board has decided to remand the case due to a duty to assist error, and requires further examination for service connection of diverticulosis.

The Board denied the Veteran's claim for service connection for basal cell carcinoma (BCC) involving areas other than his right arm, finding that there was no evidence to support a link between his current BCC and his in-service exposure or injury.

The Board has determined that the previous VA examinations were not adequately addressed and a new examination is needed to assess the current severity of the Veteran's knee disabilities, specifically during flareups and after repetitive use.

The Board denied the Veteran's claim for service connection for chronic myelogenous leukemia, finding no evidence of the condition during or immediately after service and noting that there was insufficient medical opinion linking it to herbicide exposure.

The Board has decided to remand the case due to insufficient evidence regarding the diagnosis and service connection for TMJ. The Veteran's history of dental issues, including a mouth guard used for symptom alleviation, is noted.

The Veteran's appeals for increased evaluations and service connection are being remanded due to procedural errors. The AOJ must obtain updated VA treatment records, request private medical records, schedule the Veteran for a VA examination, and readjudicate the issues in light of the totality of the evidence.

The Veteran's eye disability claim is being remanded due to the need for a VA examination with visual field testing.

The Board dismissed the appeal as the claim for a waiver of indebtedness was granted in full by the VA Committee of Waivers and Compromises.

The Board found that the appellant's discharge from military service was due to willful and persistent misconduct, constituting a bar for VA benefits.

The Board denied the Veteran's claim for service connection for a respiratory disability, including as due to in-service exposure to herbicides, asbestos and petrochemicals. The evidence did not support a finding of direct service connection.

The Board has granted service connection for bilateral pinguecula but denied service connection for a disorder of either eye, other than bilateral pinguecula. The Veteran's posterior synechiae and traumatic cataract in the right eye are found to have existed prior to his active duty service.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA pension benefits, finding that recovery would not be against equity and good conscience due to the Veteran's financial situation.

The Board has restored the Veteran's disability rating for heart issues from 60% to 60%, effective October 1, 2018. The reduction was improper due to lack of evidence showing actual improvement in the Veteran’s ability to function under ordinary conditions.