Other conditions decisions — 2021

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Board has decided to remand the case due to a failure of VA's duty to notify and assist in creating an overpayment debt. The Appellant must be notified of the reasons for the creation of the debt, her rights to request a waiver or appeal, and any additional evidence needed.

The appellant requested withdrawal of the appeal regarding past-due benefits awarded in an April 2020 rating decision, and the Board dismissed the appeal as a result.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal. The Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board dismissed the appeal because the claim for reimbursement of ambulance transport services was not submitted within the 90-day timely filing period, and after secondary review, VA found it had been filed on time.

The Veteran's service connection for restrictive lung disease, malignant and deep vein thrombosis is granted. The lung cancer is presumed to be due to Agent Orange exposure during his time in Thailand. The deep vein thrombosis is also linked to the lung cancer.

The Board found that the overpayment was improperly created and dismissed the Veteran's claim for waiver of the overpayment debt as moot.

The Veteran's appeal for a higher disability rating for his service-connected residuals of gunshot wound left buttock, with degenerative joint disease of the left hip and atrophy muscle group XVII, with retained foreign body is remanded due to inconsistencies in VA examination results.

The Veteran's appeal is for a determination of the validity of an overpayment debt. The Board finds that there was an error in accounting and that the Veteran did not receive the May 2017 letter proposing to reduce his benefits, which resulted in the creation of the overpayment. The case is remanded for further review and correction.

The Veteran's claim for an increased rating for his service-connected chronic skin lesions was denied as the evidence did not show that his condition involved more than 40 percent of his entire body or exposed areas, and he did not require systemic therapy.

The Board has remanded the case due to a lack of consideration of other diagnoses and the Veteran's competency regarding exposure. A new examination is needed to determine if any diagnosed skin disorder is related to service, including herbicide exposure.

The Board has remanded the case due to inadequate medical opinion and missing VA treatment records. The Veteran's claim for service connection for pancreatitis, related to his hallux valgus, will be reconsidered with an addendum medical opinion.

The Board has determined that the VA did not substantially comply with prior remand directions and has therefore ordered a new examination to determine the nature and etiology of the Veteran's right shoulder disability.

The Veteran's goiter disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted as there is no evidence of visible or palpable tissue loss and either gross distortion or asymmetry of one feature or paired set of features or two or three characteristics of disfigurement.

The Board has received additional evidence and will remand the case to the AOJ for review of this new information.

The Veteran's right thumb disability is rated at a 10 percent rating since November 6, 2014. The Board found that the evidence supports this rating as it shows functional loss and painful motion.

The Veteran requested to withdraw his appeal regarding the rating for residuals of a fracture of the left tibial plateau, status post meniscal repair and traumatic arthritis. The Board dismissed the appeal as per the Veteran's request.

The Board has remanded the cases due to a procedural issue regarding representation, and the appellant's representative was not provided with a copy of the Supplemental Statement of the Case (SSOC).

The Board denied service connection for bilateral eye disability, finding no evidence of a current disability related to service or herbicide exposure. The claim was also not granted as secondary to the Veteran's service-connected diabetes mellitus.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's varicose veins first manifested during his military service or were otherwise caused by it. The VA examiner needs to address the Veteran's statements about symptoms and the presence of achy legs in his service records.