Other conditions decisions — 2021

The Veteran's biological mother is not a Vietnam veteran, and therefore the appellant does not qualify for benefits under 38 U.S.C. § 1815 for birth defects other than spina bifida.

The Board has decided that there are due process concerns regarding the solicitation of medical records release and requires further efforts to ensure compliance with VA's duty to assist. The case is being remanded for these purposes.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA compensation benefits, finding that it would not be against equity and good conscience to require the Veteran to repay the debt.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's left elbow disorder is related to his service-connected neck and right elbow disabilities. The examiner must provide an addendum opinion addressing these issues.

The Board has remanded the case due to an inadequate opinion regarding whether substance abuse related to service-connected PTSD caused or aggravated a gastrointestinal disability.

The Board has remanded the Veteran's claims of entitlement to higher disability ratings for his service-connected right and left knee chondromalacia patella, as these issues were not fully addressed in previous decisions.

The Board has remanded the case due to the need for additional development of Social Security Administration records and potential translation.

The Board denied service connection for bilateral foot warts, otitis media (ear infections), and a gastrointestinal condition. The Veteran's current conditions are not related to his military service.,Service treatment records show the Veteran was treated for acute gastroenteritis in July 1977, but no chronic gastrointestinal condition has been established.

The Veteran's cervical spine disability is currently rated at 20 percent, but the Board finds that his symptoms do not warrant a higher rating as he does not meet the criteria for ankylosis or incapacitating episodes.

The Board has determined that the Veteran's current diagnosis of bilateral shin splints had its onset during his military service, and thus grants service connection for this condition.

The issue of service connection for conjunctivitis is dismissed as the Veteran has not appealed either the rating or the effective date assigned to this disability.,Initial ratings higher than 20 percent for right and left shoulder disabilities are denied due to lack of evidence showing limitation of motion to 45 degrees from side.

The Board denied the Veteran's claim for dependency and indemnity compensation (DIC) benefits, finding that his cause of death is unrelated to his service-connected disabilities.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's HIV/AIDS is proximately due to or aggravated by his service-connected Focal Segmental Glomerulosclerosis (FSGS).

The Veteran's disability rating for left lower extremity deep vein thrombosis is being remanded due to worsening symptoms reported at his Board hearing.

The Veteran's claims for service connection for compensation purposes for dental disabilities of the teeth, gums, and jawbones have been denied as there is no evidence of a current disability corresponding to those conditions listed in VA regulations.

The Board has ordered further development to obtain Veteran's Vet Center records, as the AOJ failed to fulfill its duty to assist in obtaining these records. The remand includes requesting additional information from the psychologist who provided a November 2020 medical opinion.

The Board has decided to remand the case due to the complexity of the Veteran's genitourinary history, including his prostate cancer and radical prostatectomy. The claim for vasectomy residuals will be reconsidered after a medical examination.

The Board has remanded the case due to a lack of a VA examination addressing the etiology of the Veteran's claimed squamous cell carcinoma of the nasopharynx, which is presumed related to Agent Orange exposure. The Veteran needs an examination by an oncologist with expertise in this area.

The Veteran's left leg fracture residuals are rated at 30 percent, effective January 11, 2013. The Board granted a TDIU rating for the period from January 11, 2013 through December 30, 2018.

The Board denied the Veteran's claim for service connection for a right eye condition, finding that his congenital defects and diseases were not aggravated by service.