Other conditions decisions — 2022

The Board has decided that the validity of the debt based on overpayment of VA pension benefits in the amount of $31,612.00 needs to be re-evaluated due to a procedural error where the Veteran was not notified of his right to appeal.

The Board has remanded the case due to insufficient accounting of CRDP compensation benefits withheld from July to September 2014. The Veteran needs a detailed explanation concerning all payments due and paid, including reasons for any payments withheld.

The Board denied service connection for a prostate disability, including benign prostate hyperplasia, as the evidence did not show it was caused by or onset during active duty.

The Veteran's surviving spouse is requesting a higher rating for his rectal cancer, which occurred during service. The Board has ordered the VA to obtain any private treatment records from Orange Park Hospital and Dr. L. Gatien that could help with this claim.

The Board has remanded the case for additional development, including obtaining updated treatment records and an addendum medical opinion regarding the Veteran's claimed disability.

The appellant's personal funds were not used to pay for the Veteran's burial or funeral expenses, so the claim for burial benefits is denied.

The Veteran withdrew his appeal for a total disability rating based upon individual unemployability (TDIU). As a result, the appeal is dismissed.

The Board denied the Veteran's claim for service connection for Merkel cell carcinoma, finding that it did not manifest during or as a result of his military service, including any herbicide exposure. The Board noted there was no evidence linking the cancer to service and found the Veteran's assertions regarding sun and herbicide exposure were not supported by medical opinion.

The Veteran's claim for service connection for psoriatic arthritis, to include as secondary to his service-connected PTSD, is being remanded due to inadequate VA examination and medical opinions. The Board will seek a new VA examination with an appropriate physician to address the nature and etiology of the Veteran's psoriatic arthritis.

The Veteran's cause of death was due to brain cancer, which the Board found not related to service exposure to ionizing radiation. The claim for service connection is denied.

The Veteran's chronic prostatitis prior to May 31, 2017 required continuous medication and caused daytime voiding intervals between one and two hours. The Board granted a 10 percent rating for this period.

The Board has decided to remand the case due to insufficient examination findings related to the Veteran's service-connected left femur fracture and its associated disabilities. The VA needs to conduct further examinations to assess the current severity of these conditions.

The Veteran's estranged spouse is seeking an apportionment of the Veteran's VA disability compensation benefits. The claim has been remanded again due to incomplete consideration of new evidence.

The Veteran's right hand, palm, thumb, and fingers disability did not qualify for compensation under 38 U.S.C. § 1151 because the additional disability was not caused by VA medical treatment.

The Board has ordered a new medical opinion regarding the failure to instruct the Veteran on how to prevent blood clots after prescribing medication for blood clots post-knee surgeries in 2008. Additionally, an SSOC is needed to address the service connection claim for a respiratory disorder.

The Board denied the Veteran's claim for service connection for loss of teeth as secondary to his service-connected Frey's Syndrome, finding that there was no evidence linking the loss of teeth to this condition.

The Board has determined that the VA examinations are inadequate and remands both issues for further development, including obtaining a medical opinion on the nature of the Veteran's DVT and whether it was aggravated by his service-connected right knee strain.

The Veteran's service-connected mood disorder is rated at 70 percent for the period prior to March 27, 2019.

The Board has remanded the claims for service connection for brain atrophy, dementia, and memory loss due to a lack of VA examinations. The Veteran's service records do not contain evidence of treatment for these conditions during or immediately after his service.

The Board has determined that the overpayment of educational assistance benefits under Chapter 33 in the amount of $2,181.00 for a monthly housing allowance was valid and must be denied as a matter of law due to the Veteran's receipt of benefits while on active duty. The claim is being remanded to allow for consideration of a waiver of recovery.