Other conditions decisions — 2020

The Veteran withdrew their appeal, so the Board dismissed the case.

The Veteran's overpayment of VA compensation benefits is waived due to the validity of the debt and the absence of fraud, misrepresentation or bad faith. The Board finds that recovery would cause undue hardship.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's right hip disorder is related to his military service or caused by his service-connected bilateral shoulder disability.

The Board has remanded the cases for additional development, including obtaining updated VA and private treatment records, scheduling a VA examination to explore the etiology of the Veteran's cardiovascular disorders, and issuing a statement of the case regarding whether new and material evidence has been received to reopen the claim of service connection for a skin disorder.

The Board has remanded the claims for service connection and TDIU due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has decided to remand the service connection claims for right foot hammertoes, left foot hammertoes, right foot hallux rigidus and hallux valgus, left foot hallux rigidus and hallux valgus, right lower extremity tarsal tunnel syndrome, left lower extremity tarsal tunnel syndrome, right foot metatarsalgia, and left foot metatarsalgia due to insufficient rationale in the December 2016 VA examination report.

The Board has determined that the matter is not ripe for appellate review due to procedural issues and remands it back for compliance with contested claims procedures.

The Appellant's claim for an earlier effective date for the grant of Dependency and Indemnity Compensation (DIC) for service connection for the Veteran’s cause of death is denied. The earliest indication that the Appellant was entitled to a grant of DIC for service connection for the Veteran’s cause of death is August 14, 2013.

The VA denied compensation for residuals of left inguinal hernia repair under 38 U.S.C. § 1151 because the Veteran's condition was not caused by negligence or lack of proper skill on the part of the VA, and it is a known potential complication of the surgery.

The Veteran's claim for nonservice-connected disability pension benefits was denied because he did not serve in the Republic of Vietnam during his period of active duty service, and therefore does not meet the criteria for entitlement to these benefits.

The Board has remanded the Veteran's claims for service connection for numbness of back, numbness of fingers, and numbness of legs due to lack of substantial compliance with its March 2018 remand instructions. The Veteran's prostate condition claim is denied as there is no link between his current condition and herbicide exposure.

The Board has remanded the case due to an error in determining that the duty to assist had been satisfied. The Veteran claims his pancreatitis is related to pain medication for a service-connected right foot disability, but the VA examiner did not adequately explain her conclusion and failed to address other medications he took.

The Board has remanded the case due to new evidence received after previous denials, and a need for an addendum VA examination to address the Veteran's left elbow condition.

The Veteran's gout has been aggravated by his service-connected obstructive sleep apnea, and the Board granted service connection for this condition.

The Board dismissed the appeal due to the appellant's death, as claims do not survive their deaths.

The Board denied accrued benefits for the appellant due to her not being a qualifying child and lack of evidence showing she incurred expenses related to her mother's last sickness and burial.

The Board denied the Veteran's claim for service connection for emphysema, finding that his current pulmonary condition is more likely related to his long history of smoking rather than military service.

The Board denied service connection for the cause of the Veteran's death due to liver failure and complications from a liver transplant, finding that there was no evidence linking these conditions to his military service or any service-connected disabilities.

The Veteran's service is considered peacetime, and thus does not meet the criteria for basic eligibility to nonservice-connected pension benefits.

The Board has decided to remand the case due to unresolved medical questions regarding the Veteran's squamous cell carcinoma and its relation to in-service exposure.