Other conditions decisions — 2020

The Board granted the appellant's claim for additional non-service-connected disability pension benefits, adjusting the Veteran's monthly benefit from $698 to $885 per month and awarding an additional $187.00 per month for a total of $1,083.00 per month effective March 2013.

The Board has decided that the recoupment of Voluntary Separation Pay (VSP) in the amount of $253,339.65 is valid and remanded for further action to obtain a copy of the April 30, 2008 memorandum clarifying the policy intent regarding the waiver authority of the Secretaries of the Military Departments.

The Board has remanded the case due to the need for a VA examination regarding the nature and etiology of any skin disability diagnosed during the appeal period, including granuloma annulare. The examiner is asked to provide opinions on whether the Veteran's current skin disability was incurred in service or related to his diabetes.

The Board has decided to remand the Veteran's claim for an increased evaluation of his service-connected ventral hernia due to the need for additional supporting evidence, specifically medical records and a VA examination.

The Veteran's claim for a higher rating for her patellofemoral syndrome of the left knee was denied, and she is not entitled to a TDIU based on her service-connected disabilities.

The Board denied the waiver of overpayment for a pension benefits overpayment, finding that the creation of the debt was valid and that recovery would not be against equity and good conscience.

The Veteran's left ventral tongue cancer is remanded for further examination and opinion regarding its relationship to service, specifically exposure to Agent Orange.

The Board has remanded the case due to inadequate compliance with previous remand directives, including obtaining employment information and VA treatment records. The Veteran will be scheduled for an examination to assess his occupational functioning.

The Board has decided that new evidence supports the Veteran's claim for compensation under 38 U.S.C. § 1151, but needs to be reconsidered due to additional information provided.

The Board has granted service connection for a left inguinal hernia and remanded the issue of assigning an initial disability evaluation for bilateral inguinal hernia.

The Board has granted service connection for deep vein thrombosis (DVT) as it is proximately due to or the result of a service-connected disability, specifically post-concussion syndrome.

The Board has remanded the case due to new evidence submitted by the Veteran after a Supplemental Statement of the Case was issued. The effective date for TDIU is still being determined.

The Board has remanded the claims of service connection for colon cancer and liver cancer due to herbicide agent exposure or as secondary to colon cancer. The Veteran's claim will be reviewed with a new medical opinion.

The Veteran's right forearm laceration, for which he sought immediate care from a private facility, was considered a valid medical emergency. The Board found that the nearest VA Medical Center in Boise, Idaho, was not feasibly available and an attempt to use it beforehand would not have been reasonable by a prudent layperson. Therefore, the Veteran is entitled to payment or reimbursement for unauthorized medical expenses incurred at Saint Alphonsus Regional Medical Center on July 7, 2018.

The Veteran's claim of entitlement to compensation under 38 U.S.C. § 1151 for left leg shortening and deformity is remanded due to the need for additional medical records.

The Veteran's right and left lower extremity lymphedema were granted a 10% rating each for the period prior to September 23, 2016. For the period from September 23, 2016 through the present, her right and left lower extremity lymphedema are denied an increased rating in excess of 20%. The Veteran's service connection claims for a right knee disability and a left knee disability were denied as secondary to her service-connected left ankle sprain residuals and/or service-connected right ankle myofascial syndrome.,The Board found that the evidence did not support higher ratings for the Veteran's lymphedema, with persistent edema but no stasis pigmentation or eczema. The claims for a right knee disability and a left knee disability were denied as secondary to her service-connected left ankle sprain residuals and/or service-connected right ankle myofascial syndrome.

The Veteran's residuals of a fractured lower jaw were rated at 10 percent, the lowest possible rating under current VA regulations. The Board found that his symptoms did not warrant a higher rating.

The Board is remanding the case to clarify when EM was actually removed as a dependent school child for VA purposes and to obtain clarification/verification from American University regarding her enrollment status.

The Veteran's service connection claims for stomach, gall bladder, colon disorders and gum disease with loss of teeth are remanded due to the need for additional development including obtaining VA treatment records and providing opinions on the relationship between these conditions and active service.

The Veteran's claims for increased evaluations of his service-connected left cerebral aneurysm and left tempoparietal defect are being remanded due to the need for additional medical examination.