Other conditions decisions — 2021

The Board has decided to remand the case due to issues regarding the creation and validity of an overpayment for military drill pay received in fiscal years 2010-2018. The Veteran is seeking clarification on whether this overpayment was properly created.

The Board has remanded the case due to a duty-to-assist error, specifically failing to provide a VA examination and medical opinion regarding the relationship between the Veteran's esophageal adenocarcinoma and his active duty service.

Your appeal has been dismissed because the costs associated with your medical care have already been paid in full by VA.

The Veteran's former fiduciary, G.G., was found to have misappropriated $20,207.76 of the Veteran's VA benefits for personal use and refused to provide necessary account information, leading to a determination that misuse occurred. The appeal is denied as the criteria do not meet the requirement for misuse.

Your temporary 100% evaluation for convalescence due to bunionectomy surgery has been granted, and the appeal is dismissed as there are no remaining issues or errors to address.

The Veteran's emergency treatment for conjunctivitis on June 24, 2015 was approved as it met the criteria of being necessary due to a condition that could have caused serious harm if delayed and there were no feasible VA facilities available.

The Board dismissed the appeal because the appellant withdrew his request for an increased rating for herpes simplex.

The Board has decided to remand the claim for service connection for residuals of cellulitis, including dizziness, due to an inadequate medical opinion in the May 2019 VA examination. The Veteran's dizziness is claimed as a residual symptom of his in-service cellulitis and IV antibiotics treatment.

The Veteran's appeals for service connection for a recurrent disability manifested by shortness of breath and TDIU have been dismissed as the Veteran withdrew his appeals in June 2021.

The Board has remanded the claims for service connection for various disabilities, including low white blood cell count, skin, colon polyps, pericardial cyst, prostate and respiratory/lung disabilities, due to a lack of substantial compliance with previous remand instructions. The VA examiners were not provided adequate rationale in their opinions.

The VA denied the appellant's appeal regarding the withholding of retroactive DIC benefits due to an overpayment of SBP benefits. The decision states that VA had the authority to assign the money as it was a debt owed to the United States, and no additional procedural protections were required.

The Board has remanded the case due to inadequate VA examinations used in denying ratings for left knee disability based on limitation of flexion and extension. A new examination is needed to assess the current severity of the Veteran's service-connected left knee disabilities.

The Veteran's appeal for TDIU is remanded due to the need to verify his employment status and personal income from May 14, 2010, to the present. The AOJ must request this information as failure to provide it may result in denial of the claim.

The Board denied service connection for bicuspid aortic valve and coarctation of the aorta, finding that these conditions are congenital defects without superimposed disease or injury.

The Veteran withdrew his appeal for irritable colon syndrome, and the Board dismissed the case as a result.

The Veteran's TMJ was granted an increased rating of 30 percent prior to April 2, 2014. From April 2, 2014, the Veteran's condition did not warrant a higher rating as his interincisal range remained between 11-20 mm and he could still eat most foods.

The Veteran's appeal for a higher rating on her service-connected bowel resection, status post colostomy and laparotomy, and for SMC at the housebound rate are being remanded due to additional VA treatment records added to the claims file.

The Veteran's claim for a rating in excess of 20 percent for the period from December 14, 2017, to January 9, 2020, for residuals of varicosities surgery of the left greater saphenous system is being remanded due to inadequate examination and need for a retrospective evaluation.

The appeal for special monthly compensation due to the Veteran's death is dismissed as the Board has no jurisdiction. The claimant's family can request substitution if they are eligible.

The Board has remanded the case due to new evidence and procedural issues, including reconsideration of whether the appellant's discharge was due to willful misconduct. The appeal is not about service connection.