Other conditions decisions — 2022

The appeal was dismissed due to the appellant's death, and no further action can be taken on this case.

The Board has remanded the case due to insufficient evidence regarding the onset and causation of the Veteran's stomach ulcer disability. The VA will attempt to obtain relevant treatment records from 1973 to February 1983, including those at the Birmingham VAMC.

The Board has remanded the case for an addendum opinion regarding direct service connection for neck and scalp cysts, as well as a review of secondary service connection if applicable. The remand also requested additional records to be obtained.

The appellant withdrew her appeal for the entitlement to a waiver of recovery of indebtedness in the amount of $29,434.00 before the Board made a decision.

The Board has determined that the reduction in rating from 40% to 20% for the Veteran's back disability is void ab initio due to procedural issues. The case is remanded for further development and readjudication.

The Board has decided that the Veteran's heart condition, claimed as congenital bicuspid aortic valve with aortic stenosis/insufficiency, may be service-connected due to aggravation by his service-connected hypertension. However, additional evidence is needed to determine if the Veteran's cardiovascular disabilities were aggravated during service.

The Board has remanded the case due to a lack of compliance with previous instructions for a VA examination. The Veteran's claim for an increased rating remains pending.

The Board denied the Veteran's claim for service connection for residuals of a fractured nose, finding that there is no evidence showing current residuals related to his military service.

The appellant withdrew his appeal for VR&E services, and the case is dismissed.

The Veteran's initial claim for a compensable rating for an anterior cruciate ligament with limitation of extension of the right knee was denied prior to October 26, 2017.,For the period beginning on October 26, 2017, the Veteran's claim for a rating in excess of 10 percent for an anterior cruciate ligament with limitation of extension of the right knee was also denied.,The Veteran's claim for a rating in excess of 10 percent for an anterior cruciate ligament tear with instability of the right knee was denied.

The Board has determined that the VA eye examination provided is inadequate and requires additional remand to address the Veteran's claims for service connection for left eye conditions, including his claim that exposure to exhaust gas from firing an M-16 caused his left eye condition.

The Board has remanded the case due to insufficient clarification of whether any loss of visual acuity in service is a congenital defect or disease. The Veteran's eye disability and/or loss of visual acuity will be further evaluated by a VA examiner.

The Board denied the claim for a total disability rating based on individual unemployability (TDIU) because the Veteran did not provide the necessary VA Form 21-8940, which was required to determine if he is unable to secure or follow substantially gainful employment due to his service-connected disabilities. The record lacks complete information about the Veteran's educational history and employment history.

The Board has found that there was not substantial compliance with the prior remand directives and has ordered another remand for a medical opinion regarding the etiology of the Veteran's eye conditions, including dry eye and photophobia.

The Board has remanded the case due to inadequate opinions regarding service connection for esophageal cancer and whether the Veteran's diabetes mellitus type 2 caused or aggravated his esophageal cancer. The case will be returned for further development.

The Veteran's death was caused by glioblastoma, a brain tumor, which the VA has determined was likely due to his in-service exposure to herbicide agents. The Board granted service connection for the cause of the Veteran's death based on this presumption.

The Board has determined that the reduction in VA disability compensation benefits due to concurrent receipt of military service drill pay was proper, and thus denied the appeal.

The Board has withdrawn the claim for service connection for an abdominal aortic aneurysm and remanded the claim for service connection for granuloma annulare.

The Board has granted a waiver of overpayment in the amount of $54,528.92 due to retroactive reduction on the 61st day of incarceration following felony conviction.

The Board has remanded the claims of service connection for left and right hand disabilities due to a flaw in its reasoning regarding whether the Veteran's subjective complaints constitute competent evidence of persistent or recurrent symptoms.