Other conditions decisions — 2022

The Veteran's claim for service connection for thoracic ankylosing spondylitis is being remanded due to the submission of new and relevant evidence after a final rating decision in February 2009. The Board finds that a VA examination is needed to address the current nature and etiology of any diagnosed back conditions.

The Board has decided to remand the case due to incomplete military personnel records and a sole DFAS accounting document. The Veteran's claim for separation pay recoupment is being reviewed again as there are issues with the evidence provided.

The Veteran's appeal for an earlier effective date for TDIU was dismissed due to his death, and the Board has no jurisdiction to proceed.

The Veteran's TDIU claim is dismissed because he has already received a 100% schedular rating for bilateral hearing loss, which constitutes the maximum benefits available.

The Veteran's appeal regarding the proposed decrease of disability ratings for right and left tibial stress fractures has been dismissed due to the appellant withdrawing their appeal.

The Veteran's eligibility for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) is dismissed due to his death prior to the initiation of this appeal.

The Board dismissed the Veteran's appeal because he filed a Notice of Disagreement (NOD) before the Committee on Waivers and Compromises issued its decision, which is not allowed. The Veteran requested a waiver of overpayment debt but did not specify an issue or decision with which he disagreed.

The Veteran withdrew his claim regarding the overpayment of VA compensation benefits, so the issue is dismissed.

The Veteran's cause of death, hypertensive cardiovascular disease and hyperlipidemia, is presumed to be related to his in-service herbicide exposure. The claim for service connection on this basis is granted.

The Veteran's left femur stress fracture resulted in a 10 percent rating for flexion beginning April 9, 2020. A separate 10 percent rating was granted for limitation of adduction and rotation beginning June 29, 2022. TDIU based on combined disability rating was granted effective April 9, 2020.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's heart condition. The matter must be returned for an addendum opinion from the February 2021 VA examiner.

The Board has remanded the case for further development due to inadequate medical opinions regarding exposure to herbicide agents and Camp Lejeune contaminated water. The Veteran's claim for service connection remains pending.

The Board denied the claim for VA benefits due to a lack of verified service in the Philippine Commonwealth Army during World War II.

The Board has remanded the Veteran's claims for service connection for right and left hip disorders, as secondary to his service-connected bilateral knee disabilities. Additional development is needed to obtain an adequate medical opinion regarding whether the hip disorders are related to or aggravated by the knee disabilities.

The Board has found that the VA examination conducted in October 2020 is inadequate and requires a new examination to determine the current severity of the Veteran's service-connected left femoral acetabular impingement syndrome.

The Board dismissed the appeal regarding whether an overpayment of VA compensation benefits based on removal of a dependent spouse was properly created. The effective date for adding M.A.G., the Veteran's new spouse, to her award as a dependent spouse is set at June 22, 2017.

The Veteran's skin disability of the feet was not incurred in service, has not been chronic and continuous since service separation, did not manifest to a compensable degree within a year of service separation, and is not the result of an in-service disease, injury, or other incident of service. The Board denied service connection for this condition.

The Veteran is seeking a higher rate of educational assistance benefits under the Post 9/11 GI Bill, but the RO has not determined his qualifying service period due to discrepancies in his ROTC scholarship and obligated service.

The Board has remanded the claim for service connection for chronic bladder disease (now claimed as urinary incontinence) due to insufficient information provided by VA examinations used in the previous decision.

The Board has remanded the Veteran's claims for service connection for right hand disability, left hand disability, MRSA abscess of the head, and insomnia due to inadequate examinations and failure to consider all relevant facts.