Other conditions decisions — 2022

The Board denied the Veteran's claim for a waiver of recovery of an overpayment of VA compensation benefits in the amount of $41,047.54, finding that recovery would not be against equity and good conscience.

The Veteran's sling palsy in the left arm is considered a qualifying chronic disability due to service, and the Board has granted service connection for this condition.

The Veteran's claim for a compensable rating for his scleritis is remanded due to the need for additional medical records and consideration of updated VA regulations.

The Veteran is granted an initial rating of 30 percent for service-connected anemia and thrombocytopenia, with the former Diagnostic Code 7705 applied due to its more favorable terms.

The appeal was dismissed due to the appellant's death, and no further action can be taken on this case.

The Veteran's appeal for service connection for cause of death is remanded due to procedural issues.

The overpayment of VA additional compensation benefits was not properly created due to the RO's repeated failure to remove S. from the Veteran's award after their divorce, and the Veteran neither had knowledge of nor should have been aware of the erroneous award.

The Board has remanded the claims of service connection for ringworm and toenail fungus due to a lack of an examination to determine their etiology.

The Board dismissed the appellant's claim for an earlier effective date for DIC because it was a freestanding claim and not based on error in the original decision.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to the need for additional medical records and opinions regarding the cause of his perforated bowel and incisional hernia.

The Veteran's left eye disability is denied as the evidence does not support a finding that it was caused by VA carelessness, negligence, or similar fault.

The Board has determined that further development is necessary before the Veteran's claim for service connection for cause of death can be adjudicated. The claims are remanded to obtain an addendum opinion from a VA examiner regarding whether exposure to TCE, PAH, arsenic, lead, and/or petroleum compounds and their derivatives at Chanute Air Force Base was related to the Veteran's lung cancer.

The Board has denied a rating in excess of 10 percent for the Veteran's right foot calcaneal spur, finding that the symptoms are best described as moderate.

The Board denied the Veteran's claim for service connection for transverse myelitis, finding that there was no evidence linking his current condition to his military service or herbicide exposure. The Board noted that while the Veteran had qualifying service in Vietnam and thus exposure to Agent Orange is conceded, transverse myelitis is not a disease presumptively associated with such exposure.

The Board has remanded the Veteran's claims for service connection for hypogonadism and gynecomastia due to Agent Orange exposure. The claims are being returned for further development, including obtaining medical opinions addressing the etiology of these conditions and whether VA carelessness or negligence contributed to their development.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the service-connected right foot residuals aggravated the Veteran's current right foot disability, including sinus tarsi syndrome and arthritis.

The Board denied compensation for additional disability post-VA inguinal hernia and testicular surgeries, finding that the evidence did not show any additional disability resulting from VA care.

The appeal is being remanded due to the loss of the Veteran's file and the need to reconstruct it. The claim for payment or reimbursement for non-VA medical expenses incurred on February 22, 2002, at Palm Drive Hospital will be readjudicated after the records are reconstructed.

The Board has decided to remand the case due to insufficient addendum opinions regarding the potential secondary nexus between service-connected disabilities and uterine fibroids.

The Board found that the Veteran's gynecomastia was not caused or aggravated by being prescribed Risperdal for his service-connected schizophrenia, and thus denied compensation under 38 U.S.C. § 1151.