Other conditions decisions — 2022

The Veteran's claim for an increased rating for restrictive lung disease was denied, and the Board found that a remand is necessary to obtain a new VA examination. The Veteran's claim for TDIU was not addressed due to incomplete documentation.

The Board has granted service connection for a skin disorder, specifically xerosis cutis (dry skin), which the Veteran claims is related to his deployment in the Persian Gulf. The evidence shows that the dry skin condition initially developed during his time there and continues persistently.

The Board has granted an earlier effective date of October 1, 2012 for the award of service connection for the cause of the Veteran's death based on evidence showing that the appellant filed an informal claim within one year of the Veteran's death.

The Board has remanded the case due to concerns about VA's post-operative care for a bladder disorder related to a lumbar laminectomy performed in September 2012. The Veteran is seeking compensation under 38 U.S.C. § 1151.

The Board has determined that the overpayment of $23,838 was due to administrative error and is invalid. As a result, the appeal for waiver of recovery of this overpayment is dismissed as moot.

The Veteran's service connection claims for appendiceal cancer and the cause of his death were denied. The Board found that there was no evidence to support a link between the Veteran's appendiceal cancer and herbicide exposure, nor did any medical opinion provide sufficient basis for such a finding.

The Board denied the Veteran's claim for an effective date prior to April 5, 2017, for the award of special monthly pension benefits due to a failure in submitting a valid Intent to File form.

The Board has remanded the case due to insufficient information regarding the Veteran's employment during his last five years of work, including any dispatcher-related employment. The AOJ is instructed to obtain the Veteran's VA Form 21-8940 and Social Security Administration records.

The Board has denied service connection for cheek cancer and cancer of the maxillary right side of the hard palette and sinus. The dental condition claim is remanded due to lack of current medical records.

The Board has remanded the case for further development and adjudication, including obtaining clarification on expenses related to the Veteran's funeral and determining whether the appellant's son is a child of the Veteran. The claim will be readjudicated with consideration of the appellant's household income and unreimbursed medical expenses.

The Board has denied the Veteran's claims for service connection for a right hip condition and an acquired psychiatric disorder, finding that there is no evidence to support these conditions as being related to his military service.

The Board has remanded the case for reconsideration of the waiver of overpayment in the amount of $45,012.77 due to a disagreement with the Committee on Waivers and Compromises (COWC) decision.

The Board has decided to remand the Veteran's claim for service connection for residuals of stomach ulcer, as secondary to service-connected pyelonephritis. The case is being sent back for further development and an addendum opinion from a VA examiner.

The Board denied compensation under 38 U.S.C. § 1151 for rectal damage, colon perforation, and colectomy due to a finding that the Veteran's additional disability was not proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on part of VA.

The Veteran's appeal for higher ratings for Bell's Palsy residuals was denied. The Board found that the evidence did not support a rating higher than 10 percent, as the symptoms were at most moderate incomplete paralysis.

The Board has decided to remand the case due to an inadequate etiological opinion regarding the Veteran's urinary dysfunction and its relationship to his service-connected spine disability. The claim will be reviewed with a new medical examination.

The Board has remanded the case due to insufficient medical examination and a need for further development regarding service connection for residuals of a superficial parotidectomy with 7th nerve dissection, claimed as mass on right side of face.

The Board has decided to remand the case due to insufficient examination addressing the Veteran's claim that his PTSD, including hypervigilance, caused or aggravated his eye disabilities.

The Board has decided to remand the case due to inadequate response from the VA examiner regarding the Veteran's claim that his current right hip arthritis is attributable to an altered gait resulting from his service-connected right knee disability. The examiner must address the medical and lay statements indicating a relation between the Veteran's altered gait and his right hip condition.

The Board denied the Appellant's claim for recognition as the surviving spouse of the Veteran for VA purposes due to a lack of evidence showing that they entered into a valid common law marriage after their divorce, despite living together and caring for each other.