Other conditions decisions — 2022

The Board has granted service connection for chronic amenorrhea with dysmenorrhea, but has remanded the issues of service connection for right and left foot disorders, bilateral tibial stress fractures, and bilateral tibial tenosynovitis.

The Board has remanded the case due to outstanding VA treatment records, specifically those related to the Veteran's left ankle and physical therapy after an October 2021 surgery. The claim will be readjudicated following receipt of these records.

The Veteran's appeal was dismissed due to their death, and no jurisdiction remains for the Board to adjudicate the merits of the case.

The Board has decided to remand the case due to an inadequate VA examination, requiring a new opinion on the etiology of the Veteran's bilateral shin splints.

The Veteran's claims of service connection for cold injury residuals of the left hand, right hand, left foot, and right foot have been reopened. The Board finds that there is sufficient evidence to establish a direct relationship between the Veteran's current symptoms and his in-service exposure to cold weather conditions.

The Board has determined that the overpayment of educational assistance benefits was validly created and granted a waiver for recovery of this debt, finding it against equity and good conscience to require repayment due to financial hardship.

The Veteran's claim for a higher rating for his service-connected fractured fifth finger on the right hand is denied as there is no evidence of ankylosis or arthritis, which are required for a higher rating.

The Board has remanded the Veteran's claims for service connection for dental disability, including for treatment purposes and qualifying for dentures. The case is being referred to VA Medical Centers (VAMCs) for further evaluation.

The Veteran's appeals for an earlier effective date and increased rating have been dismissed due to his death.

The Board has found that the VA examination and opinions did not address a critical aspect of the Veteran's claim, specifically his reports of joint pain at service separation. The case is being remanded to obtain specialized medical opinions from an independent rheumatologist regarding whether the Veteran's current diagnosed Paget's disease is related to herbicide exposure in Vietnam.

The Board denied the survivor's pension claim as the appellant's income exceeded the applicable maximum annual pension rates from October 2012 to November 2015 and she was not the Veteran's surviving spouse for pension eligibility purposes since December 2015.

The Board has remanded the case due to concerns about the competency of a VA examiner who provided an opinion on the Veteran's employability prior to November 30, 2017. The case will be returned for further development and consideration.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board has found that the August 2021 VA opinion is inadequate and remands the case for an addendum opinion to address the etiology of the Veteran's bilateral eye disorder.

The Veteran's claim for service connection for squamous cell carcinoma of the left oropharynx, also claimed as cancer of the throat and tonsils, is being remanded due to a duty to assist error. The case will be reconsidered with consideration of new evidence.

The Veteran's claim for revision of the November 1968 rating decision on the basis of clear and unmistakable error (CUE) to reflect a higher rating for residuals of gunshot wound is being remanded due to jurisdictional issues.

The Board has remanded the claim for further development due to a duty to assist error, and will consider evidence of in-service exposure to herbicide agents during service.

The Veteran's death was not service-connected, and therefore he is ineligible for burial benefits.

The Veteran's arteriosclerotic heart disease is now rated at 100 percent, and he has additional service-connected disabilities independently ratable as 60 percent disabling. Therefore, his appeal for a TDIU is dismissed due to the grant of a total schedular rating.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a right eye disability status post cataract eye surgery, finding that the proximate cause of the additional disability was not carelessness, negligence or similar incident of fault on the part of VA in furnishing the medical or surgical treatment.