Other conditions decisions — 2022

The Board has decided to remand the case due to insufficient examination opinions regarding the etiology of the Veteran's systemic lupus erythematosus. The VA needs to obtain new examination opinions from a rheumatologist.

The Board denied the Veteran's request for a waiver of overpayment of VA compensation benefits due to his former spouse, finding that recovery would not be against equity and good conscience. The decision noted the Veteran's financial hardship but also highlighted his failure to promptly notify VA of his divorce from his former spouse.

The Veteran's VR&E benefits and services were improperly discontinued, as the case was not properly handled or evaluated.

The Board has decided to remand the case due to an inadequate examination, and a new one must be conducted.

The Board has granted initial 40 percent ratings for impairment of the left and right lower extremities due to cerebellar vermian atrophy. The case is REMANDED for consideration of separate ratings for manifestations of cerebellar vermian atrophy, including speech impairment and bilateral upper extremity impairment.

The Board has remanded the cases for further development due to scheduling issues and incomplete records. The Veteran's service connection claims for residuals of a dog bite of the left hand and unspecified respiratory disorder (claimed as breathing problems) are being reviewed.

The Board has determined that the Veteran's residuals of Lyme disease are related to service and grants service connection for this condition.

The Board found the overpayment of compensation benefits in the amount of $12,621.43 to be validly created and denied the appeal as to its validity.

The appeal for service connection for the cause of the Veteran's death was granted in full, making the DIC claim moot.

The Board denied the Veteran's claim for service connection for dental trauma and gum disease, finding no evidence of injury or harm to his dental/oral system in service other than periodontal disease. The Board also found that sinusitis did not cause or aggravate the condition.

The Board has remanded the issue of service connection for a respiratory disability due to new and material evidence submitted by the Veteran.

The Board has remanded the claims for service connection for prostate disability and diverticulitis due to incomplete notification of VA records, lack of reasonable efforts to obtain private medical records, and need for an addendum opinion regarding presumed exposure at Camp Lejeune.

The Board has remanded the case for additional development due to inadequate examination and retrospective opinions, as well as inextricably intertwined TDIU issues. The Veteran's left elbow disability based on limitation of flexion, supination or pronation, and extension prior to February 10, 2017 needs to be reassessed.

The Veteran's claim for a compensable rating for chronic left ear tympanic membrane perforation with history of otitis media is denied as the evidence does not support a finding of suppuration or aural polyps, which are required for a compensable rating under Diagnostic Code 6211.

The Veteran's cause of death was not service-connected, and his DIC claim under 38 U.S.C. § 1318 was denied as he did not meet the criteria for a total disability rating.

The Board has remanded the case due to a scheduling issue for an examination to determine the severity of the Veteran's service-connected left third toe disability. The Veteran is advised that failure to appear for the scheduled examination could result in denial of his appeal.

The Veteran's claim for an initial rating in excess of 30 percent for other specified trauma-related disorder was denied. The Board also remanded his claims for service connection for sinus disability and for TDIU due to service-connected disabilities. His claim for reopening the sinus disability was granted, but he is still required to have a VA examination.

The Board has remanded the cases for further development and clarification of the VA examiner's findings regarding the appellant's reported pain and flare-ups. The claims are being returned to the RO for consideration.

The Board has remanded the cases for further development and readjudication due to various issues including service connection for cause of death, hepatitis C, hypogonadism, weight gain, and TDIU.

The Board has remanded the Veteran's appeal for further development, including rescheduling VA examinations for his varicose veins, bilateral foot condition, and prostate hypertrophy.