Other conditions decisions — 2022

The Board has decided that the change in the Veteran's Means Test eligibility category from copay exempt to copay required for income year 2016 was proper and is remanding the case due to missing documents.

The Board has denied service connection for heart-related residuals of rheumatic fever, including mitral valve regurgitation and left atrial enlargement, finding that the current disabilities are not related to in-service rheumatic fever.

The Veteran's bilateral lower extremity chronic exertional compartment syndrome affecting muscle group XII is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's neurological residuals of the peroneal nerve due to chronic exertional compartment syndrome are also rated at 20 percent.

The Board has decided to remand the case due to outstanding records and will review it again after obtaining any necessary medical records.

The Board denied the claim for service connection for a low back condition, finding that there was no evidence of an injury or disease incurred during active duty for training (ACDUTRA). The appellant's conditions are considered congenital defects without superimposed disability.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's uterine fibroids are related to her service-connected disabilities, specifically medications she takes for those conditions.

The Board found that the Veteran's VA Form 9 appeal was not timely filed, as it was received more than 60 days after the SOC and over one year after the notice letter informing the Veteran of the action appealed.

The Board denied the Veteran's challenges to the overpayment creation and his waiver of debt claims. The Board found that the Veteran caused the overpayment by failing to report O.M.C.'s death until April 2018, and thus waived his claim for a waiver of the debt.

The Board has determined that the Veteran does not have a current diagnosis for colon cancer polyps and thus denied service connection for this condition. The issues of service connection for other conditions remain pending and are remanded.

The Veteran withdrew his appeal, and the Board has dismissed it.

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

The Board found that the overpayment of VA compensation benefits in the amount of $21,876.96 was not properly created due to sole administrative error on the part of the RO, and thus granted the Veteran's appeal.

The Board has remanded the case due to insufficient explanation regarding whether the breast reduction surgery is caused by a service-connected disability. The Veteran's attorney argues that without her service-connected migraines and degenerative disc disease, she would not have needed the surgery.

The Board has remanded the Veteran's claims for an increased rating and TDIU due to his service-connected left hip replacement. The Veteran needs a new examination to assess the current severity of his disability, and his TDIU claim is also remanded.

The Board has remanded the case due to a need for additional medical examination and opinion regarding the Veteran's skin disorder of the feet (other than onychomycosis).

The Board denied service connection for Barrett's esophagus disability, finding that the Veteran does not have a current diagnosis of this condition and thus cannot establish service connection.

The Board has decided to remand the Veteran's claims for right and left hip replacements due to insufficient evidence linking these conditions to service.

The Board denied service connection for a right and left thigh disorder, right hip disorder, and left hip disorder. The case is remanded to obtain an opinion on the etiology of the right and left hip disorders.

The Board denied a rating in excess of 10 percent for the Veteran's scoliosis, finding that his condition did not meet the criteria for a higher rating under the applicable VA Rating Schedule.

The Board has remanded the Veteran's claims for increased disability evaluation and TDIU due to insufficient medical evidence regarding his left ankle disabilities. The AOJ must obtain all relevant VA treatment records, forward another VA Form 21-8940 to the Veteran, and schedule a VA examination to assess the severity of his service-connected left ankle disabilities.