Other conditions decisions — 2022

The Board has remanded the case to adjudicate whether the Veteran is entitled to Special Monthly Compensation (SMC) under 38 U.S.C. § 1114(s), given his grant of a TDIU.

The Board has dismissed the appeal as there is no longer a case or controversy regarding the waiver of overpayment of VA compensation benefits.

The Veteran's spondylolisthesis is currently rated at 50 percent, effective February 28, 2022. The Board finds that a higher rating for the condition prior to this date is not warranted.

The appeal was dismissed due to the appellant's death, and no service connection issues were decided.

The appeal for survivor's benefits is dismissed due to the Appellant's death. The Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's VA benefits were apportioned to E.T. and her minor child J.T., but the AOJ did not provide proper notification of the action taken, so the decision is remanded for compliance with specialized contested claim procedures.

The Board has previously remanded the case for a reduction in VA disability compensation due to concurrent receipt of military service drill pay. The Veteran's representative asserts that there remains non-compliance with the Board's remand directive regarding the consideration of the Navy Personnel Command Annual Retirement Point Record for FY 2016, which could affect the claim. The case is being remanded again for a new audit and explanation.

The Board has remanded the case due to insufficient consideration of the Veteran's reports of continuous symptomology since separation from service. The Veteran must provide evidence corroborating these claims, and a VA examination is needed to assess whether there was continuous symptomatology.

The Veteran's appeal is to determine if his service-connected residuals of a fractured sternum with costochondritis and shortness of breath warrant a higher rating than the current 10 percent.

The Board has decided to remand the case due to insufficient information regarding the Veteran's drill pay in FY 2009, including whether he was paid and if any repayment or withholding occurred.

The Board has decided that the Veteran's claim for service connection for circumcision surgery should be remanded due to new evidence being added to his file.

The Board has decided to remand the case due to an inadequate March 2020 VA examination and opinion, which did not provide sufficient rationale for the etiology of the Veteran's bacterial infection.

The Board found that the overpayment of VA compensation benefits was properly created due to a failure by the RO to remove dependents from the Veteran's award after his divorce, but also noted that the Veteran should have been aware of the error and continued to accept payments.

The Veteran is seeking an earlier effective date for additional benefits for her dependent spouse, A.M., but the claims file lacks records related to a visit she had scheduled at Audie Murphy Memorial VA Medical Center between October 2016 and December 2016. The Board has ordered additional development to locate these records.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's left thumb disability. The Veteran is requested to provide an opinion on whether his current symptoms and any diagnosed conditions are related to his service.

The Board has ordered remand for the VA examiner to provide an opinion regarding whether the Veteran had a diagnosis of radial sensory neuritis at any time during the appeal period and, if so, whether it is related to active service.

The Board has remanded the claims for respiratory disability, pneumonia, and severe arthritis due to incomplete compliance with previous remands.

The Board granted the petition to reopen claims for DIC and survivor's pension benefits, but denied the claim for accrued benefits due to lack of new and material evidence. The Veteran did not have verifiable military service.

The Board has remanded the case due to a failure to schedule an examination, and for further development of the record.

The Veteran's claim for a higher rating for his service-connected right foot disability is remanded due to the need for additional evidence and an updated examination.