Other conditions decisions — 2021

The Board found that the overpayment of $3,761.65 was properly created due to an error in distribution rather than a reduction or discontinuance of benefits.

The Board has decided to remand the cases for a new VA examination and opinion regarding the Veteran's right and left foot disorders, as the previous opinions are inadequate.

The Veteran's right hip arthritis and right knee strain with degenerative changes are currently rated at 10 percent each, while the history of transverse fracture of distal 1/3 right tibia and fibula with ORIF is rated at 20 percent. The Board has remanded these issues for further development.,The Veteran's hip arthritis does not meet or approximate the criteria for a higher rating under any applicable diagnostic codes, as there is no evidence of ankylosis, flexion limited to 45 degrees, or limitation of abduction beyond 10 degrees. The right knee strain with degenerative changes already includes consideration of slight lateral instability and extension limited to 10 percent.

The Veteran's claim for TDIU was denied as she did not provide sufficient information to establish her unemployability.

The Board has remanded the claim for service connection of a dental disability, to include for purposes of VA outpatient treatment purposes. The matter is referred to the VHA to make the initial determination on the claim.

The Board denied service connection for a mouth disorder and remanded the issue of service connection for allergies. The claim for the mouth disorder was denied as there is no evidence linking the current condition to service, including exposure to herbicides. Service connection for allergies was also not granted due to lack of credible evidence supporting the Veteran's assertions.

The Veteran's service-connected right elbow and hip shell fragment wounds have been rated, with some adjustments to reflect the severity of his conditions. The ratings for the right elbow flexion and pronation residuals were granted at 20 percent each since October 3, 2018. The muscle residuals of the right forearm and hip shell fragment wounds are all rated at 30 percent or higher. The Veteran's TDIU claim was also granted effective August 29, 2018.

The Board has remanded the Veteran's claims for a bilateral hand disability and right hand pain at digits due to insufficient medical opinions regarding their etiology. The claims will be returned for further development.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's CLL is secondary to his service-connected pleural plaques or caused by asbestos exposure.

The Board has remanded the Veteran's claim for service connection for an eye disability due to his service-connected hypertension and coronary artery disease. The case is being sent back for a new VA examination to address the Veteran's contentions that his eye disabilities are related to in-service left ear treatment, including x-rays and surgeries.

The Board denied the Veteran's claim for service connection for discoid lupus erythematosus, finding no relationship between the current condition and active service.

The Veteran's claim for compensation benefits under 38 U.S.C. § 1151 for chronic epididymitis resulting in loss of right testicle as a result of VA treatment in June 2006 is granted, but the additional disability (chronic epididymitis resulting in loss of right testicle) was not caused by VA's carelessness, negligence, or similar instance of fault.

The Veteran's death pension benefits claim was denied because the appellant could not be recognized as D.M.'s dependent child due to lack of legal adoption within two years after the Veteran's death.

The Veteran's right and left hip strain are each rated at 10 percent, with separate ratings for limitation of extension (noncompensable) and thigh impairment (20 percent). The appeal is denied as the criteria for a higher rating have not been met.

The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's TMJ disability.

The Board has decided to remand the Veteran's claims for service connection due to a lack of substantial compliance with prior remand instructions.

The Board has decided to remand the Veteran's claims for service connection for hypogonadism and gynecomastia due to Agent Orange exposure or as a residual of medication prescribed by VA under 38 U.S.C. § 1151, as there are outstanding issues regarding his military service in Vietnam and the need for additional medical opinions.

The Board denied the Veteran's claims of service connection for a stomach condition and bilateral upper and lower peripheral nerve conditions, finding that there was no causal relationship between these conditions and his service-connected PTSD or diabetes mellitus. The Board also found that the evidence did not support a secondary service connection based on exposure to herbicide agents.

The Board has remanded the case due to issues regarding the creation of an overpayment and the waiver of recovery. The AOJ is instructed to ensure all relevant service records are complete, prepare a detailed audit of VA compensation benefits, make a decision on the validity of the debt, and readjudicate the merits of the request for a waiver.

The Board has remanded the case due to insufficient medical evidence for rating the Veteran's bowel obstruction.