Other conditions decisions — 2021

The Veteran's encephalomyelitis disability is remanded for further development, including obtaining medical records and scheduling an examination to determine the etiology of his condition.

The Board denied the Veteran's claim for service connection for a back injury, finding that there was no evidence of chronic disability in service or within one year after discharge. The Board also found that any current condition is not related to his military service.

The Board has remanded the case due to non-compliance with prior remand directives regarding the issue on appeal, which is service connection for a recurrent ear disability.

The Veteran's dysphagia disability picture more closely approximates severe stricture of the esophagus, and a 50 percent rating is granted.

An effective date of February 6, 1997, is granted for the grant of service connection for other specified trauma and stressor related disorder. A 50 percent rating is granted from February 11, 2009.

The Board denied the claim of service connection for upper extremity nerve damage as there is no current disability and the evidence does not support a nexus between the claimed condition and active military service.

The Veteran's perianal abscess with impaired sphincter is rated at 30 percent, effective July 12, 2011. The evidence shows occasional involuntary bowel movements necessitating the use of pads.

Your medical costs for the episode of care on March 4, 2020 have already been paid by VA. The appeal is dismissed.

The Veteran's surviving spouse is entitled to special monthly pension (SMP) as she has been diagnosed with dementia and requires assisted living care. However, the claim was denied due to incomplete information provided by the appellant regarding her financial status and the amount of unreimbursed medical expenses incurred at the assisted living facility. The Board orders a remand for VA to correct this error.

The Board denied a waiver of recovery of the overpayment of VA pension benefits, finding that total recovery does not violate principles of equity and good conscience.

The appeal is dismissed as the AOJ has administratively reversed the denial of payment for non-VA medical services provided to the Veteran from February 17, 2020 to February 28, 2020 and approved the episode of care.

The Veteran's TMJ symptoms are currently rated at 30 percent disabling, but no greater. The appeal is granted for this issue.

The Board has remanded the case due to a duty to assist error regarding the Veteran's cerebrovascular accident. A supplemental medical opinion is needed to address whether the condition is related to service, including exposure to herbicide agents, and if it is proximately caused or aggravated by his service-connected coronary artery disease.

The Board has determined that a remand is necessary to obtain an expert medical opinion regarding the Veteran's phrenic nerve injury and its relation to non-VA cervical or spinal injections performed in 2016.

The Veteran's deformed left tibia with painful motion of the left ankle is granted a rating of 20 percent, effective June 28, 2019. The Veteran's onychomycosis of the fingernails and toenails remains in excess of 30 percent.

The Veteran's appeal has been dismissed as the appellant (through his authorized representative) requested withdrawal of the appeal prior to a decision being made.

The Veteran's application for enrollment in the VA healthcare system prior to July 31, 2020 was submitted on July 31, 2020. The Board found that this submission is the most probative evidence and denied the claim as there is no mention of a son submitting the form.

The Board denied the appellant's claims for benefits under 38 U.S.C. § 1805 and § 1815 as she could not establish a biological relationship to her father, who served in Vietnam.

The Board has remanded the case due to a need for additional medical opinions regarding the Veteran's lung cancer and death, specifically related to his exposure at Camp Lejeune.

The VA has granted payment for the ear prosthesis provided by Lancaster Cleft Palate Clinic, and thus the appeal is dismissed.