Other conditions decisions — 2021

Your appeal has been dismissed because you requested to withdraw it.

The Board dismissed the appeal as it has been granted and rendered moot due to a decision by the Committee on Waivers and Compromises (COWC) granting the Veteran's waiver of recovery of overpayment of VA NSC pension benefits.

The Board has granted the Veteran's claims for service connection for a left elbow condition and a left upper extremity condition, finding that there is at least equipoise evidence to support these claims.

The Board has decided to remand the case due to a failure to obtain an examination or opinion regarding whether the Veteran's colon cancer is related to his service in Vietnam, including his presumed exposure to herbicide agents. The matter is now being returned for further development.

The Board denied service connection for left hip trochanteric bursitis, finding no evidence of in-service injury or diagnosis and noting that the condition is more likely due to advancing age and repetitive motion.

The Veteran withdrew his appeal regarding mileage reimbursement for travel expenses to and from practicum location, so the case is dismissed.

The Board denied the Veteran's claim for service connection for a chronic right-hand condition, finding that the preponderance of evidence did not support a link between his current condition and his military service.

The Veteran's skin disability, including porphyria cutanea tarda (PCT), is remanded for further development to verify in-service herbicide and chemical agent exposure. A VA medical opinion will be obtained to determine the nature and etiology of his skin disability.

The Veteran's overpayment of VA compensation benefits was waived due to the fault of the VA in failing to promptly remove his spouse from his award after she died, and there is no financial hardship or unjust enrichment.

The Veteran's left knee disability is granted a separate 20% rating for recurrent subluxation or lateral instability, and the right knee disability remains at 10%. The effective date of this decision is not specified.

The VA denied compensation under 38 U.S.C. § 1151 for additional disability of the left hand, status post surgery for Dupuytren’s contracture due to lack of evidence showing that the carelessness or negligence by VA caused the worsening.

The Board denied the claim for service connection under 38 U.S.C. § 1151, finding that there was no evidence linking the Veteran's death to his military service or a service-connected disability.

The Board has remanded the case due to insufficient evidence and need for a new VA examination. The Veteran's claim is related to residuals of a left eye injury, which may be related to an in-service incident involving a screwdriver.

The Board denied the Veteran's claim for service connection for a respiratory disability, including as due to asbestos exposure, finding that there was no evidence of in-service asbestos exposure and that any current respiratory disability is more likely related to long-term cigarette smoking.

The Veteran's appeal for additional payment or reimbursement related to his retroactive induction into the Chapter 31 VR&E program was denied as he did not provide evidence of specific additional expenses incurred.

The Board denied the Veteran's claim of service connection for a skin disorder, finding that there was no in-service incurrence or exposure to Agent Orange and insufficient evidence linking his current condition to service.

The Board has remanded the case due to inconsistencies in the November 2019 VA examination and the need for an addendum opinion regarding whether obesity is at least as likely as not caused or aggravated by the service-connected left knee disability, which may affect the Veteran's gastrointestinal disability.

The Board denied service connection for arteriovenous malformation (AVM) with repair and a bilateral eye disability (myopia), finding that these conditions are congenital disorders not subject to superimposed disease or injury during active duty. The gastrointestinal disability claim is still pending.

The Board vacated the August 18, 2020 decision denying restoration of a 60 percent disability rating for service-connected pleural plaques due to clear and unmistakable error (CUE) in the September 2013 rating decision. The reduction was proper as CUE existed in the September 2013 initial evaluation.

The Board denied service connection for a heart disability, including atrial fibrillation, left bundle branch block (LBBB), and mild cardiomyopathy, finding that the evidence does not support a current diagnosis of ischemic heart disease.