Other conditions decisions — 2022

The Board found that the overpayment of VA compensation benefits in the amount of $2,123.03 was properly created due to the Veteran's failure to notify VA promptly after his spouse's death.

The Board has decided to remand the case due to inadequate VA examinations and a need for further medical opinions regarding the Veteran's claimed foot disabilities, including a skin condition.

The TDIU claim is remanded for the RO to consider the increased rating for finger disability prior to April 11, 2020.

The Board denied the Veteran's claim for service connection for ankylosing spondylitis, finding no evidence that it was caused by his active duty service or any incidents therein, including exposure to contaminated water at Camp Lejeune.

The Veteran's appeal for a higher rating of his service-connected hypogonadism of the right testicle has been granted, with a 30 percent disability rating effective from February 20, 2004. The appeal for muscle loss/atrophy in the arms and legs remains pending.

The Board has determined that the appellant's other specified trauma disorder is related to his active service and grants this claim.

The Board has decided to remand the case due to insufficient response from a VA examiner regarding whether minimal asbestos exposure during service caused or contributed to the Veteran's death. The claim will be reviewed again with an addendum opinion.

The Board has remanded the Veteran's claims for service connection for numbness and tingling in his bilateral upper and lower extremities due to a lack of examination.

The Board has determined that the appellant's claim for basic eligibility for non-VA hospital care and medical services as a Camp Lejeune family member should be remanded due to insufficient documentation of her residence on Camp Lejeune at the time she was married to the Veteran.

The Board has ordered a remand to determine the etiology of the Veteran's left-hand disability, specifically whether it is related to an in-service injury or service-connected conditions.

The Board has remanded the case due to the need for a VA examination and obtaining private treatment records. The Veteran's bilateral hip degenerative joint disease is being reviewed to determine if it is related to service.

The Board denied the Veteran's request to waive recovery of an overpayment of VA pension benefits in the amount of $9,166.80 due to no indication of fraud, misrepresentation or bad faith on his part and because recovery would not be against equity and good conscience.

The Board denied compensation under 38 U.S.C. § 1151 for additional disability incurred as a result of VA medical and surgical treatment for a right total knee arthroplasty in June 2007, finding that the Veteran's additional disabilities were not caused by VA care.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this case.

The Veteran's right and left shin splints have been granted initial 10% ratings, effective April 20, 2022. Prior to this date, the Veteran had a 10% rating for each shin splint.,For his service-connected right shoulder disability, the Board has remanded the issue due to insufficient medical opinion regarding its etiology.

The Board has remanded the case due to a lack of evidence regarding expenses incurred for the Veteran's last sickness and burial, as well as any medical records pertaining to his last sickness. The claim will be reconsidered based on this new information.

The Board denied the Veteran's claim for an earlier effective date for additional compensation benefits for his dependent spouse, finding that the appropriate effective date is July 14, 2014, based on when VA first received notice of the Veteran's current spouse.

The Veteran requested to withdraw their appeal regarding the overpayment of VA compensation benefits and its validity. The Board has dismissed this issue as withdrawn.

The appeal is dismissed due to the Veteran's death.

The Veteran's claim for a higher rating for TMJ syndrome is being remanded due to the need for additional VA examination.