Other conditions decisions — 2022

The Veteran seeks to establish service connection for idiopathic thrombocytopenic purpura (ITP), which he contends was aggravated by his in-service exposure to various chemicals and is related to his service-connected Type I diabetes mellitus. The Board finds the VA examiner's opinions inadequate and remands the case for further development, including obtaining updated treatment records and providing an addendum opinion from another qualified examiner.

The Veteran's spouse is seeking special monthly DIC based on the need for aid and attendance or being housebound. The VA examiner found no evidence of disability that would render her housebound, but she and her son testified to a decline in her abilities due to diverticulitis. The Board has decided to remand the case for a new examination.

The Board denied service connection for tonsil cancer, right pyriform cancer, and tongue cancer as these conditions are not related to the Veteran's active service or exposure to radiation.

The Board has determined that the Veteran's bilateral nuclear cataracts are not etiologically related to active service or a service-connected disability, and therefore denied his claim.

The Board has remanded the case due to inadequate compliance with prior remand directives and a need for further development, including an addendum opinion from a clinician regarding whether the Veteran's neck disorder was caused or aggravated by VA medical treatment in June 2007.

The Board has granted a 30 percent rating for the Veteran's residuals, great toenail surgery, 5th floppy toe with proximal bone loss right foot prior to March 26, 2015, and from June 1, 2015. The appeal is based on service connection of this condition.

The Board has taken jurisdiction over two issues: an earlier effective date for a 10 percent rating and an increased rating. Both issues are remanded due to the need for new evidence or examinations.

The Board has granted service connection for chronic left testicular pain and orchiectomy, finding that the evidence is in approximate balance as to whether these conditions are related to a groin injury during active duty training (ACDUTRA) in Macedonia. The decision is based on credible lay testimony of an in-service injury and medical opinions supporting a link between the current condition and service.

The Veteran's DVT of the left lower extremity is currently rated under Diagnostic Code 7114 for Peripheral Arterial Disease. The current criteria require ankle/brachial index (ABI), ankle pressure, toe pressure, or transcutaneous oxygen tension (TcPO2) testing. However, no such tests were performed in the most recent examination and are required for proper rating.

The Board has decided to remand the case due to insufficient evidence in previous VA examiner opinions, and a new examination is needed to determine if the Veteran's neck condition is related to his active service.

The Board has decided to remand the Veteran's claim for an earlier effective date of nonservice-connected pension benefits, due to incomplete evidence and procedural issues. The Veteran needs to provide additional information regarding his income and net worth from 1997 to 2003.

The Board has dismissed the appeals for service connection for traumatic brain injury and gastroesophageal reflux disease. The remaining issues of service connection for left and right lower extremity neurological disorders are remanded.

The Veteran's service-connected right and left shin splints have been granted a rating of 30 percent each, effective from the date of the decision.

The Board has determined that the Veteran does not have a psychiatric disorder other than PTSD that is etiologically related to her military service or to her service-connected PTSD. Therefore, the claim for service connection is denied.

The Board has determined that the Veteran's distended colon was caused by VA treatment and that informed consent for his left hip surgery was not obtained. As a result, compensation under 38 U.S.C. § 1151 is granted.

The Veteran's brain trauma disability is being remanded for a new VA examination to assess the current severity of his condition, as he now asserts that it has worsened since his last examination in November 2014.

The Veteran's burial benefits have been fully awarded, and no additional compensation is available for excess costs incurred.

The Veteran's overpayment debt is due to concurrent receipt of VA compensation benefits and drill pay during fiscal years 2012, 2013 & 2014. The Board found that the Veteran was at fault for not reporting his drill pay in a timely manner, but also noted that recovery would cause unjust enrichment if denied.

The Board has remanded the cases for further development and opinion regarding service connection for a neck disorder, an initial rating for lumbosacral strain, and TDIU.

The Board found that the recoupment of separation pay by withholding VA disability compensation benefits was proper and denied the appeal.