Other conditions decisions — 2022

The Board has decided to remand the case due to questions regarding the validity of an overpayment of VA disability compensation benefits in the amount of $40,330.10 and whether its creation was proper.

The Board has decided to remand the case due to incomplete records and inadequate VA opinion. The Veteran's claim for service connection for colon cancer will be reconsidered.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's service connection claim for residuals of a C-section infection, including angioedema. The case is being returned for further development and an addendum opinion from a VA examiner.

The Veteran's initial compensable ratings for left and right hip flexion prior to February 28, 2022 are granted. The claim for an increased rating in excess of 10 percent for right hip extension since February 28, 2022 is denied.

The Board denied the Appellant's claims for recognition as a helpless child of the Veteran and service connection for the cause of the Veteran's death due to lack of evidence showing she was permanently incapable of self-support by reason of her mental or physical defects before her 18th birthday.

The Veteran's left foot condition and left great toe injury are being remanded for further evaluation as the current opinions do not address her chronic left foot pain since service separation.

The Veteran's TDIU due solely to his service-connected dementia since January 26, 2016, and the other service-connected disabilities rated at 60 percent or more during this period satisfy the criteria for SMC based on the statutory housebound criteria.

The Board has determined that the Appellant's discharge from service is not a bar to receiving VA benefits, and thus the appeal is granted.

The Veteran's initial rating for residuals of Cryptococcus neoformans infection affecting the CNS prior to September 10, 2012, is denied. The effective date for TDIU is also denied.

The Board has remanded the Veteran's claims for service connection for a disability affecting his bilateral arms and cardiovascular disabilities. The decision also requires obtaining private medical records and requesting an addendum opinion regarding whether the Veteran's heart disabilities are proximately due to or aggravated by his service-connected lumbar spine, cervical spine, or depression disabilities.

The Veteran's varicose veins of the left leg are currently rated at 40 percent, and the Board finds that a higher rating is not warranted based on the symptoms described. The claim for an extraschedular rating was also denied as the criteria reasonably describe the Veteran's disability level.

The Veteran's nerve conditions of the left and right upper extremities are granted as secondary to his service-connected diabetes mellitus.

The Board denied the Veteran's request for an effective date prior to November 1, 2017, for dependency compensation for his spouse. The decision states that VA did not receive notice of a change in the Veteran's dependency status until receiving a formal claim on October 24, 2017.

The Board denied the veteran's claim for eligibility to receive Department of Veterans Affairs home loan guaranty benefits due to insufficient service duration and discharge conditions.

The Veteran's claim for an earlier effective date for the addition of her child J.E. to her VA disability compensation was denied as there is no legal basis to grant benefits on an equitable basis.

The Board has determined that a remand is necessary to ensure that VA fulfills its duty to assist the Veteran in substantiating his appeal for service connection of neurologic disabilities of both legs. The Veteran will be scheduled for a VA examination to determine the nature and etiology of his claimed conditions.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence to support a link between his military service and his heart condition. The Board also found insufficient evidence to establish exposure to herbicide agents in Vietnam.

The Board denied service connection for cause of death due to metastatic pancreatic cancer, finding no evidence linking the condition to service or any service-connected disability. The claim for secondary service connection for diabetes mellitus was also denied.

The Veteran withdrew his appeal for service connection of a respiratory disease, claimed as cough due to an undiagnosed illness.

The Veteran's claim for VA educational assistance benefits in the amount of 14 months 29 days for transfer to his dependents under the Post-9/11 GI Bill program is granted, subject to a statutory cap of 48 months of aggregate benefits.