Other conditions decisions — 2021

The Board has remanded the case due to inadequate VA opinions and a need for further development regarding whether any current gastrointestinal condition, including gastric ulcer, is related to service.

The Board has decided to remand the case for further development and clarification of the vocational rehabilitation assessment, as it does not provide sufficient information regarding the feasibility of a career requiring a legal or engineering degree.

The Board has decided that the Veteran's NOD to deny of VHA debt creation was not accepted, and they are remanding for issuance of a Statement of the Case (SOC) regarding whether the Veteran submitted a valid NOD.

The Board dismissed the appeals for total disability based on individual unemployability, a higher initial rating in excess of 50 percent prior to December 27, 2019, and a higher initial rating in excess of 70 percent beginning December 27, 2019.

The overpayment of educational assistance benefits under the Post 9/11 GI Bill in the amount of $5,541.49 was due to VA administrative error and is therefore valid, but not recoverable as it would defeat the purpose of the benefits.

The Board has determined that the Veteran's cerebral hemorrhagic stroke and bilateral vision loss are related to his service-connected hypertension, diabetes, and coronary artery disease. As a result, service connection is granted for these conditions.

The Veteran's unauthorized medical expenses at Riverview Regional Medical Center in March 2017 are approved because the condition was one that a prudent layperson would expect to be hazardous if delayed, and VA facilities were not feasibly available.

The Board denied the Veteran's claim for service connection for schwannoma (claimed as tumor on right thigh) due to a pre-existing condition that was not aggravated by his active service.

The Veteran's claims for service connection and TDIU have been dismissed due to his death.

The Board has remanded the case for further examination and opinion regarding service connection for a thoracolumbar spine disability, including levoscoliosis and degenerative joint disease (DJD). The issues include whether DJD is related to an in-service injury or event, whether it is proximately due to levoscoliosis, and whether there was any incremental increase in DJD due to levoscoliosis.

The Veteran's service connection claims for a condition of rushing blood sensation to the back of head and neck, as an undiagnosed illness, and for lack of energy due to an undiagnosed illness are granted. The claim for major depressive disorder and general anxiety disorder is also granted.

The Board has determined that the Veteran's Raynaud's disease is related to his service, and therefore grants service connection for this condition.

The Board has remanded the case due to a need for additional development regarding the appellant's military service record. The appellant must be given an opportunity to apply for correction of his military record with the Army Board for Correction of Military Records.

The Board has remanded the Veteran's claims for a new VA examination and retrospective medical opinion to address the severity of his right elbow disability during prior examinations. The claims are pending further adjudication.

The Board has determined that the Veteran's death was not caused by or related to service-connected disabilities, including PTSD. The preponderance of evidence does not support a finding that any service-connected disability contributed substantially or materially to cause the Veteran's death.

The Veteran's claim for service connection for Acute Myeloid Leukemia (AML) is granted and the case is remanded for further development.

The Board found that the termination of VA disability compensation benefits due to status as a fugitive felon was proper, and denied the appeal.

The Board has granted a 10 percent rating for the Veteran's service-connected granulomas as of February 12, 2014. The decision resolves any doubt in favor of the Veteran and finds that his decreased pulmonary functioning was mainly due to his service-connected granulomas.

The Board dismissed the appeal for entitlement to nonservice-connected pension benefits as the Veteran withdrew his claim prior to a decision being made.

The Veteran's claim for service connection for a lung disorder was denied in February 2013, and the appellant cannot pursue accrued benefits based on this decision as there were no pending claims at the time of his death.