Other conditions decisions — 2022

The Veteran's PVD of the left and right lower extremities is rated at a 40 percent disability rating, effective as of the date of this decision.

The Veteran's current sacro-coccygeal injury, including back and hip pain, is being remanded for a medical addendum opinion to determine if it is at least as likely as not related to the in-service jeep accident.

The Board has decided to remand the Veteran's claim for service connection for bilateral hemianopsia and refractive error, as it is inextricably intertwined with his pending claim of service connection for a pituitary tumor. The matter will be reconsidered after adjudication of the pituitary tumor claim.

The Veteran requested to withdraw his appeal for special monthly compensation based on a need for aid and attendance or due to being housebound. The Board dismissed the appeal as per the Veteran's request.

The Veteran's encephalomyelitis is being remanded for further development and an addendum medical opinion to address the validity of his claims regarding vaccinations.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's myelodysplasia (MDS) is related to his military service, particularly his presumed exposure to herbicide agents during service.

The Board has remanded the issue of service connection for an eye disorder due to new evidence submitted by the Veteran, including in-service notations and his current symptoms. The case is sent back for further examination and opinion.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's right hip disability is related to his in-service herbicide exposure, specifically Agent Orange.

The Board has remanded the case due to an inadequate 2012 VA examination and a need for a new medical opinion. The Veteran's service connection claim for hydrocephalus is being reviewed again.

The Board has decided that the Veteran's claims for service connection for right and left lower extremity disabilities, including peripheral neuropathy, should be remanded due to a lack of a VA examination addressing these conditions.

The Board has decided that the appellant is not entitled to retroactive DEA benefits for school attendance during her eligible period from April [REDACTED], 2003, to April [REDACTED], 2011. The decision is remanded due to a lack of enrollment certifications.

The Board found that the overpayment of VA educational assistance benefits was validly created and denied the Veteran's appeal.

The Veteran's left shoulder disability, diagnosed as left rotator cuff tendonitis, began during service and has continued since that time. The Board granted service connection for the condition.

The Board dismissed the appeal on the issue of entitlement to a higher rate of pension benefits from October 1, 2015 due to the appellant's death during the pendency of the appeal.

The Board dismissed the claim for compensation under 38 U.S.C. § 1151 because of a prior Federal Tort Claims Act (FTCA) settlement agreement that barred any future claims, including the current 1151 claim.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the hiatal hernia is related to service or secondary to a service-connected condition.

The Veteran did not have any qualifying wartime service, thus denying the claim for death pension benefits.

The Board found that the overpayment of VA compensation benefits after removal of K.G. as a dependent spouse was properly created, and denied the Veteran's appeal.

The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for additional disability resulting from VA treatment for left foot nerve damage and right foot nerve damage, finding that there was no evidence of fault on the part of VA in providing the treatment.

The Board has determined that the overpayment in the amount of $2,412.25 for educational assistance benefits under the Transfer of Entitlement (TOE) provisions of 38 U.S.C. Chapter 33 (Post-9/11 GI Bill) was properly created and is valid. The appeal is remanded to address the issue of waiver of this overpayment.