Other conditions decisions — 2022

The Board has decided to remand the case due to the need for a VA examination to determine the nature and etiology of the Veteran's claimed bilateral restless leg syndrome.

The Board has remanded the case due to issues related to service connection for hydrocephalus and TDIU prior to July 3, 2018. The Veteran's representative challenged the qualifications of a VA examiner who provided an opinion on his hydrocephalus.

The Board has remanded the case for further development and an addendum medical opinion regarding service connection for lower back pain. The TDIU claim is also remanded due to its inextricability with the service connection issue. The nonservice connected pension benefits claim requires additional information from the Veteran.

The Board has not adjudicated the Veteran's claim for service connection for a dental disorder for compensation purposes, and it is being remanded to do so.

The Veteran's claim for recognition of K.C. as the helpless child is remanded due to incomplete medical records.

The Board has decided that the Veteran's overpayment of VA disability compensation benefits should be waived, but requires additional information from the Veteran to determine his financial eligibility.

The Board has not made a fully informed decision on the issue of severity of the Veteran's service-connected left trigeminal nerve disability due to conflicting findings in the May 2022 VA cranial nerve examination. Another remand is required.

The Board denied the Veteran's request to increase her rating for Crohn's disease from 60 percent to a higher level, and also dismissed her SMC claim. The reduction of her existing 60 percent rating was upheld as proper.

The Veteran's Sjogren's syndrome is remanded due to duty-to-assist errors, including a lack of opinion on the cause and pathophysiology of the condition.

The Board dismissed the appeal because the appellant died before her hearing could be conducted, and due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board has granted service connection for gastric adenocarcinoma, finding that the Veteran's exposure to Agent Orange during service likely caused his cancer. The decision is based on a private medical opinion and resolves all reasonable doubt in favor of the Veteran.

The Board has remanded the claims for service connection for right lower extremity paralysis and left lower extremity paralysis due to their relationship with pre-existing service-connected disabilities. The Veteran's testimony at the hearing indicated that the lower extremity paralysis was related to his service-connected conditions.

The Board has determined that the Veteran's current diagnoses of pulmonary fibrosis and diaphragmatic calcified plaques are at least as likely as not related to his active-duty service, thus granting service connection for these conditions.

The Board has determined that the character of discharge determination for the claimant's service from June 1966 to May 1967 is a preliminary issue and must be addressed before considering any claims on their merits. The Board will make reasonable attempts to schedule a hearing regarding this matter.

The Veteran's appeal for SMC at a level higher than 38 U.S.C. § 1114(l) was dismissed because the March 2021 rating decision did not deny entitlement to SMC, as it was replaced by a finding of clear and unmistakable error (CUE).

The Board dismissed the appeal due to the appellant's death, and no service connection decision was made.

The Board has determined that the Veteran's pancreatic cancer, which was the underlying cause of his death, is related to service and specifically to exposure to herbicides during his active duty. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Board has dismissed the appeal as moot because the issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) is being granted in a separate decision.

Your right elbow disability, specifically right medial epicondylitis, has been granted service connection and you are assigned a 10 percent rating effective July 8, 2019.

The Board has decided to remand the case due to procedural errors and unresolved issues regarding the creation of overpayment debt and the Veteran's waiver request. The AOJ needs to correct these errors before further review can be conducted.