Other conditions decisions — 2022

The Board denied the Veteran's claim for service connection for an optical disorder, finding that there is no current diagnosis of such a condition.

The Veteran's claim for a compensable disability rating for Restless Leg Syndrome (RLS) is remanded due to the need for additional development, including obtaining private medical records and scheduling a sleep study.

The Veteran's application for VA educational assistance benefits under Chapter 33 was denied because she had already exhausted all her VA education benefits, and the total aggregate period of educational assistance cannot exceed 48 months.

The Veteran's appeal for a respiratory disorder, claimed as due to asbestos, fuels and toxins, is dismissed because the Veteran passed away during the pendency of the appeal.

The Veteran withdrew his appeal for VR&E benefits, and the Board dismissed the case as a result.

The Veteran's service records show she did not meet the basic eligibility requirements for Chapter 1606, Chapter 1607, or Chapter 30 benefits due to her unsatisfactory performance and discharge. Therefore, her claim for educational assistance benefits is denied.

The Veteran's son, E., was not eligible for additional dependency benefits based on school attendance after he turned 23 years old and completed his education. The appeal is denied.

The Board denied service connection for residuals of gall bladder removal as the Veteran's current disorder did not have its onset in service, has not been chronic or continuous since service, and is not due to or the result of an in-service disease, injury, or other incident of service.

The Veteran's claim for service connection for left leg arthritis was denied in a June 2008 rating decision. The Board has now reopened the claim and remanded it for further development, including obtaining additional medical opinions and records.

The Board has remanded the case for further examination and rating of the Veteran's service-connected hammer toe of the left foot. The dental condition claim is denied as there was no loss of maxilla or mandible bones during service.

The Board has granted service connection for the cause of the Veteran's death, finding that his malignant brain glioma was etiologically related to his presumed exposure to herbicides during service. The primary cause of death was malignant brain glioma.

The Veteran's appeal is remanded for further development regarding the validity of an overpayment and his request to waive recovery of that overpayment. The Board notes that the proper information was submitted around 2007 and 2008, but additional documentation from the Veteran and their representative is invited.

The Veteran's appeals for a higher rating for his left foot gunshot wound residuals and TDIU have been remanded due to the receipt of new evidence. The case will be returned to the agency of original jurisdiction (AOJ) for review.

The Veteran seeks compensation under 38 U.S.C. § 1151 for epididymitis with loss of the right testicle, which he asserts was caused by VA medical treatment in March and November 2014. The Board finds a remand is necessary to obtain an independent medical opinion regarding whether VA negligence caused his additional disabilities.

The Board has decided to remand the cases due to lack of substantial compliance with previous remand directives regarding service connection for a skin disability. The issues are inextricably intertwined, and therefore both need to be remanded.

The Veteran's bilateral cataracts and presbyopia are not service-connected as there is no evidence of a chronic eye disorder during or after service. The VA examiner found the current vision changes to be due to age-related changes rather than service.,For Raynaud's syndrome, prior to June 28, 2021, the Veteran did not meet the criteria for a higher rating as he experienced attacks less frequently and did not have ulcers or autoamputation. Since June 28, 2021, his symptoms are daily but do not meet the criteria for a 60% disability rating.

The Board has remanded the case due to inadequate opinions regarding service connection for a prostate condition, including as due to herbicide exposure. The Veteran's current diagnosis of BPH is not on the list of diseases presumptively associated with herbicide exposure.

The Board has decided to remand the case due to insufficient medical evidence regarding whether the Veteran's service-connected inguinal hernia and/or surgical scars are separate from any diagnosed gastrointestinal disorder. The AOJ is instructed to obtain relevant treatment records and forward the file for an opinion on these issues.

The Board denied the Veteran's appeal of the increased special apportionment on behalf of his dependent daughter, A.H., finding that it did not cause undue hardship to him.

The Veteran's claimed disabilities, including allergic reaction and side effects from prescribed medications, skin disability, abnormal liver function, vision impairment, decreased blood platelet count, and increased blood glucose count, are not considered to be due to VA negligence or fault. The Board finds that the Veteran did not have a qualifying additional disability as defined by 38 U.S.C. § 1151.