Other conditions decisions — 2022

The Board has determined that the overpayment of VA compensation benefits was improperly created due to administrative error, and has therefore remanded for further action including a paid and due audit and readjudication of the Veteran's request for waiver of recovery.

The Board has decided that the Veteran's skin disability, including shingles, is granted. The sleep disability claim is remanded for further development.

The Board has remanded the case due to the Veteran's failure to report for a VA examination and other procedural issues. The case will be returned for further development, including scheduling an appropriate examination.

The Board has granted service connection for the Veteran's residuals of hysterectomy with bilateral salgino-oophorectomy, finding that it is proximately due to her service-connected ovarian cyst and resolving all reasonable doubt in favor of the Veteran.

The Board has decided that the appellant's request to be recognized as a surviving spouse and for her deceased husband to have status as a veteran for VA purposes needs further investigation. The decision is remanded due to incomplete records and potential variations in the deceased spouse's name.

The Board has decided to remand the issues of earlier effective dates for separate evaluations and limitations of extension for the Veteran's hip disabilities due to additional development being required.

The appeal regarding entitlement to education benefits under Chapter 1606 of Title 10 of the United States Code, MGIB-SR, was not perfected due to a failure to file a timely VA Form 9 within 60 days of the SOC. The appeal is therefore denied.

The Board has granted a temporary total rating for eye surgery from June 13, 2011 to September 10, 2011. The issue of TDIU prior to July 19, 2011 is referred to the Director, Compensation Service, for extraschedular consideration.

The Board has remanded the Veteran's claims for service connection for allergies, an ear infection, insomnia, ant bite tachycardia, and feet fungus due to incomplete records. The RO is instructed to obtain VA treatment records from July 2022 to present, SSA records, and complete service treatment records.

The Board has remanded the case for additional development, including obtaining full consent documents and a VA medical opinion to determine if VA treatment caused any additional bilateral lower extremity disability.

The Board has decided to remand the Veteran's claims for tonsillar cancer and dry mouth, as these issues are inextricably intertwined with missing private treatment records and an inadequate VA examination. The Veteran will need to provide authorization for release of his private medical records and undergo a new VA examination.

The Board has denied the Veteran's claims for service connection for a prostate disability, finding that there is no evidence of a nexus between his current condition and active duty service or any service-connected disabilities.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to inadequacies in the previous decision, including insufficient discussion of whether the Veteran's takotsubo cardiomyopathy was a reasonably foreseeable event and the source of post-event dysphagia and/or sleep problems.

The Board has decided that the appellant cannot be considered the valid surviving spouse of the Veteran for VA benefits purposes and is remanding the case to allow the appellant another opportunity to provide evidence supporting her claim.

The Board has remanded the case due to insufficient evidence regarding the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). The Veteran is requested to provide VA treatment records from June 2022 onwards, complete a VA Form 21-4142 for his community-based physical therapy, and have all his periods of ACDUTRA and INACDUTRA verified.

The Board has denied service connection for high cholesterol and peripheral arterial occlusive disease (claimed as muscle cramps, pain in legs, and trouble with holding and gripping items) due to lack of evidence showing a current disability.

The Veteran's claim for a higher rating for his left radial nerve disability is being remanded due to the need for additional VA examinations and treatment records, as well as for consideration of new evidence.

The Veteran's claim for service connection for bunions was denied in June 2010. The RO became aware that the Veteran was missing and contacted his representative, but did not provide him with a decision or notice of appellate rights until July 2013. The case is being remanded to obtain any outstanding records.

The Veteran's cause of death, gastrointestinal stromal tumor (GIST), is found to be service-connected due to presumed exposure to herbicide agents in Vietnam.,The claim for DIC benefits under 38 U.S.C. § 1318 is dismissed as moot because the grant of service connection for the cause of death renders the issue irrelevant.

The Veteran's right foot disability, which included a s/p right foot fracture prior to May 1, 2019, is rated at 20 percent under DC 5284 for other foot injuries. The Board found the severity of the condition more nearly approximated that of a moderately severe foot injury.