Other conditions decisions — 2022

The Veteran's appeal for additional educational assistance benefits under Chapter 30 of Title 38 U.S.C. was denied as she had already exhausted her full entitlement to MGIB education benefits.

The Veteran's son, A., was added as a dependent to his VA disability compensation award effective May 1, 2000. The appeal is granted.

The Board has decided that the Veteran's TDIU claim is remanded due to potential missing Social Security Administration records. The VA will need to obtain these records to make a determination on the Veteran's employment status.

The Board has decided to remand the case due to inadequate VA examination opinions and requests for additional information. The Veteran's dizziness is being reviewed again with a new VA examination.

The Veteran's left hip limitation of flexion was granted a rating of 10 percent from September 9, 2013 to March 24, 2021. A higher rating is denied for the period prior to October 1, 2019.

The Board has decided that further development is needed to determine the Veteran's medical expenses at Fairview Hospital on May 19, 2013. The case will be remanded for this purpose.

The Board has reopened the Veteran's service connection claims for essential tremor of both upper extremities and restless leg syndrome of both lower extremities due to new evidence received since the last final denial. The claims are now remanded for a VA examination to determine if there is a relationship between the Veteran's current conditions and his in-service herbicide exposure.

The Board has determined that the Veteran's right knee disability, characterized as patellofemoral pain syndrome, is due to an in-service injury and grants service connection for this condition.

The Board has decided to remand the case due to insufficient evidence regarding the onset and relationship of the Veteran's current right lower extremity nerve damage to his service, including a reported chill bite in Germany. The Veteran is asked to provide information about any relevant private treatment records and worker's compensation claims.

The Board has decided to remand the case due to issues related to the creation and validity of an overpayment of compensation benefits resulting from a felony conviction. The Veteran is seeking clarification on how the overpayment was calculated.

The Veteran's claims for service connection have been dismissed as she withdrew her appeals regarding the chronic gynecological disability and bilateral ankle disability. Her claim to service connection for a migraine disability, left foot disability, and back disability is denied.

The Board found good cause to waive the issue of timeliness of the December 7, 2017, VA Form 9 and restored the Veteran's full compensation benefits effective March 17, 2014. The reduction of compensation due to incarceration under house arrest was also granted.

The Board has decided to remand the claim for a total disability rating based on individual unemployability (TDIU) due to insufficient efforts in obtaining SSA earnings statements. The appellant will be provided with a supplemental statement of the case if the benefits are still denied.

The Board has decided to remand the Veteran's claims for a right and left foot conditions due to the need for further development, including obtaining updated VA treatment records and scheduling an examination. The issues of service connection are being remanded as no VA examiner has provided opinions on all current foot disabilities or whether any preexisted service.

The Veteran's claim for a TDIU prior to May 31, 2018 is being remanded due to the lack of response from the Veteran regarding his employment history. The AOJ will need to contact the Veteran's employers and request their information.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's left thumb disability was incurred in service or pre-existed service.

The Veteran's claim for service connection for the residuals of left eye surgery is being remanded due to incomplete records and need for a new medical opinion.

The Board has remanded the Veteran's claim for service connection for cerebrovascular accident due to in-service herbicide exposure because of issues with the VA medical opinion and the need for additional development, including obtaining private treatment records.

The Board has decided to remand the Veteran's claim for an acquired mental health disorder due to insufficient medical opinions addressing the Veteran's service history and his assertions of symptoms related to his service-connected disabilities.

The Veteran's claim for service connection was denied due to the conditions being congenital, constitutional or developmental abnormalities. The RO had access to all available service treatment records and applied the correct laws and regulations.