Other conditions decisions — 2022

The Board has remanded the case due to new evidence being added to the claims file since the last decision in March 2017. The Veteran's TDIU claim is now pending again for further review.

The Veteran's claim of entitlement to service connection for left elbow tendinosis has been reopened due to the submission of new and material evidence. The appeal is granted to this extent only.

The Veteran's service-connected uterine fibroids resulted in loss of use of a creative organ from November 17, 2011 to December 17, 2014, and SMC for this condition is granted.

The Veteran's daughter, E., was not eligible for additional dependency benefits based on school attendance from August 2016 to May 2020 because she turned 23 years old in October 2015 and the appeal is denied.

The Veteran's right ring finger disability is granted a 10 percent rating for painful limitation of motion.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that there was no valid marriage at the time of his death and no continuous cohabitation after their divorce.

The Board found that the termination of VA compensation benefits due to fugitive felon status was proper, and the overpayment amount related to the period from January 1, 2005 to December 6, 2010 was correctly calculated. The Veteran's appeal for waiver of recovery of this debt is denied.

The Board has granted service connection for gastroparesis and dumping syndrome, both secondary to the Veteran's service-connected hiatal hernia.

The Veteran's thymic cancer residuals and post-operative lung residuals are being remanded for further evaluation due to the possibility of worsening since their last examinations.

The Veteran's appeal involves the validity and amount of an overpayment of VA compensation benefits due to concurrent receipt of drill pay for 41 days during Fiscal Year (FY) 2015. The Veteran disputes both the creation of the overpayment and its amount, asserting that it was based on incorrect information regarding his drill days. The appeal is currently pending as a result of discrepancies in the records regarding the number of drill days.

The Board has decided to remand the case due to issues related to the validity of an overpayment of VA non-service-connected (NSC) pension benefits. The appellant is seeking clarification on whether the overpayment was created due to a failure by VA to notify the Veteran about SSA disability benefits, and if so, whether this constitutes sole administrative error.

The Board has remanded the case due to insufficient medical opinions addressing the Veteran's claims for service connection for basal cell carcinoma, including as due to Agent Orange exposure and sun exposure during military service.

The Veteran's claim for a compensable rating for service-connected malaria is denied as there is no active disease or residuals of malaria, and the evidence does not show any liver or spleen damage secondary to malaria.

The Veteran's service-connected left inguinal hernia repair has potentially increased in severity, and a new VA examination is needed to assess the current level of disability.

The Veteran's adenocarcinoma of the prostate, for which he has residuals status post prostatectomy, was incurred during his service. The Board granted service connection based on presumptive service connection due to qualifying service and a chronic disease (prostate cancer) that manifested within one year after service.

The Board has decided to remand the case due to insufficient information regarding whether the Veteran's current symptoms of open sores and ulcers can be attributed to his service-connected jungle rot. Additional development is needed to determine if these symptoms are related to service.

The Board has ordered a remand for an addendum VA medical opinion to discuss the Veteran's chronic adjustment disorder, including as due to military sexual trauma. The examiner is asked to consider and address the Veteran's self-reported history of military sexual trauma.

The Veteran's bilateral tibiotalar joint arthritis, planar calcaneal spurs and out-toeing are granted as secondary to his service-connected bilateral posterior tibial dysfunction (PTTD). The claims for BLE conditions including venous stasis, varicose veins, status post DVT, and non-healing wounds, as well as sunburn residuals affecting the chest and back, are remanded.

The Board has remanded the case due to insufficient information regarding the Veteran's thoracic spine disability prior to May 15, 2013. The issues of entitlement to an initial disability rating in excess of 10 percent for musculoskeletal thoracic spine pain and TDIU are being remanded.

The Board denied restoration of a 100% rating for multiple myeloma and MGUS from May 1, 2015, finding that the Veteran no longer had active disease or treatment related to these conditions.