Other conditions decisions — 2021

The Board has remanded the cases of service connection for a hysterectomy and temporomandibular joint (TMJ) disability due to inadequate previous examinations.

The Board found that the overpayment of education benefits under VRAP in the amount of $1,373.33 was not properly created due to mitigating circumstances (a myocardial infarction), and thus dismissed the appeal as moot.

The appeal is dismissed due to the appellant's death, and no service connection issues are addressed.

The Veteran's loss of bladder control is not considered to be due to carelessness, negligence, or lack of proper skill on the part of VA. The surgery was performed by a resident surgeon who had appropriate training and supervision.

The appeal has been dismissed due to the death of the appellant, and no other family member has filed for substitution.

The Board has remanded the Veteran's claim for service connection for blood in urine due to conflicting medical opinions and a need for clarification of whether the condition had its onset during service or is otherwise caused by service. The case will be returned to the VA examiner for further evaluation.

The Board has remanded the case for further development and an addendum VA medical opinion regarding the Veteran's memory lapses. The service connection claim for eye disorder remains denied.

The Board dismissed the appeal regarding whether the November 2016 Notice of Disagreement was timely received due to the Veteran's authorized representative requesting withdrawal.

The Board has remanded the Veteran's claims for an increased rating for gastritis and a TDIU prior to July 25, 2019 due to insufficient evidence. The Veteran is required to provide updated VA treatment records and undergo a VA examination to assess her current condition and limitations.

The Board denied the Veteran's claim for recognition of A.G. as a dependent child due to lack of evidence showing that A.G. was permanently incapable of self-support prior to turning 18 years old.

The Board has granted service connection for a bilateral thumb disability, diagnosed as a strain, incurred during active duty.

The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that the March 29, 2016 submission was not within one year of the Veteran's death and thus did not meet the criteria for an earlier effective date.

The Board has granted service connection for the Veteran's status post left middle finger laceration/crush injury, finding that there is at least an even balance of evidence in favor of the claim. The decision was based on credible reports of continuous symptoms since service and a diagnosis of current disability.

The Board has remanded the cases for additional development to obtain VA correspondence from 1975 to 1976, including a notice of disagreement regarding an October 1974 rating decision denying service connection for a left eye disability. The effective dates for dependency status and service connection are not yet determined.

The Board denied the Veteran's claim for service connection for microcytic hypochromic anemia, secondary to Agent Orange exposure, finding that the condition did not manifest during or within a presumptive period after service and was not otherwise etiologically related to service.

The Board has determined that the Veteran's herpes infection was not caused by the VA hemorrhoidectomy and sigmoidoscopy procedure, and therefore compensation under 38 U.S.C. § 1151 is denied.

The Board denied the Veteran's request for an earlier effective date for recognizing his current spouse as a dependent for VA benefits and upheld the creation of an overpayment of compensation benefits. The appeal was dismissed.

The Veteran's neurogenic cardiac syncope with cardioinhibitory and vasodepressor components is rated at 40 percent effective April 13, 2010. The Board found the disability more nearly approximates the criteria for a 40 percent rating (an average of at least five to eight minor seizures weekly).

The Board has granted the appellant's request to reopen her claim of service connection for cause of the Veteran’s death, and has remanded the case for further development regarding the evidence submitted by Dr. E.

The Board has remanded the claims for service connection for colitis and infertility due to new evidence submitted by the Veteran. The gastrointestinal disorder is suspected to be related to exposure at Camp Lejeune, but further examination is needed to confirm this. The infertility claim also requires additional medical records from a clinic in Mississippi.