Other conditions decisions — 2021

The Board denied service connection for left rib and right foot disorders as there is no current disability of these conditions in the record.

The Veteran withdrew his appeal regarding compensation under the provisions of 38 U.S.C. § 1151 for additional disability, to include perforated colon, claimed as a result of a colonoscopy at a VA facility in March 2014.

The Board denied a rating in excess of 10 percent for the Veteran's service-connected residuals of a right fifth toe fracture, finding that the disability did not more nearly approximate a moderately severe foot injury.

The Board has found that another remand is warranted due to the need for an adequate nexus opinion addressing all of the Veteran's contentions, including his lay statements regarding continuity of symptomatology and service treatment records documenting 'purulent discharge from urethra'.

The Board has remanded the issue of TDIU due to service-connected disabilities as part of a larger claim. The AOJ will provide an opportunity for the Veteran to file a formal application and specify the periods he is claiming entitlement.

The Board has remanded the case for further examination and opinion regarding whether the Veteran's hereditary hypercoagulable disorder of protein S deficiency pre-existed service or was aggravated by service. The examiner is to provide a comprehensive rationale based on medical literature and the record.

The Veteran's right elbow osteochondritis dissecans and limitation of pronation in the right elbow were granted a disability rating of 20 percent, effective from April 29, 2019. The Veteran’s acne vulgaris was denied as not meeting criteria for an increased rating.

The Board has decided in favor of the Veteran, finding that his myasthenia gravis is proximately caused by his service-connected non-Hodgkin's lymphoma and chemotherapy treatment for the condition. The decision grants service connection for myasthenia gravis as secondary to these conditions.

The Board has remanded the cases of entitlement to service connection for a skin disability, claimed as malignant skin neoplasm and hearing loss disability due to potential issues with causation and aggravation.

The Veteran's claim for higher ratings for her right forearm disability was denied. The rating prior to September 24, 2020 was 30%, and since then it is 60%. No new evidence or changes in service connection were presented.

The Veteran's heart attack following right ankle fusion surgery is not considered to be due to VA carelessness, negligence or similar fault. The Board finds that the preponderance of evidence does not support a finding of additional disability resulting from VA treatment.

The Board has decided to remand the case due to inadequate examination and requests for additional information from the Veteran.

The Veteran's child S.P. was added as a dependent stepchild and is now eligible for additional compensation based on school attendance, effective June 1, 2013.

The Board found that the overpayment of VA compensation benefits was validly created due to concurrent receipt of active duty pay and VA compensation during the Veteran's period of active service from April 23, 1997 to February 22, 2001. The appeal for waiver of this debt is also denied as there is no indication of fraud, misrepresentation, or bad faith on the part of the Veteran.

The Veteran's appeal for a waiver of overpayment of VA pension benefits has been dismissed due to the death of the appellant.

The Board is remanding the case to determine if the Veteran was convicted of a felony prior to May 2013, which would affect his apportionment claim.

The Board has granted service connection for the Veteran's status post cholecystectomy and remanded the issue of entitlement to a temporary total disability rating due to surgery necessitating convalescence.

The Board denied the Veteran's claim for service connection for a right eyelid cyst, finding that there was no evidence to support the claim and that the cyst resolved without any active disease during or due to service.

The Veteran's claim for a higher rating for his service-connected immune disorder (evolving lupus) is being remanded due to the need for additional development, including obtaining private treatment records and arranging for a new VA examination.

The Board has remanded the case to clarify whether the appellant's request for a waiver of overpayment in DEA benefits has been waived or collected.