Other conditions decisions — 2022

The Board has remanded the case due to insufficient opinions regarding the etiology of the Veteran's UTI, specifically addressing potential links between PTSD and UTIs/urinary dysfunction.

The appellant's claim for accrued benefits was not received within one year of the Veteran's death and is, therefore, untimely.

The Board has remanded the case due to conflicting opinions and a need for further clarification regarding the nature and etiology of the Veteran's skin disorder, including whether it is related to his Gulf War service.

The Board found that the appellant's service discharge was a Bad Conduct Discharge due to prolonged AWOL, without compelling circumstances. As such, his character of service is considered dishonorable and bars him from VA benefits.

The Board has decided that the Veteran's claim for a TDIU prior to August 9, 2012 needs further investigation and is therefore remanded.

The Veteran's appeal for a higher rating for lordosis has been dismissed because the claim was resolved when service connection was granted in January 2020.

The Veteran's death was not service-connected, and therefore the Appellant is not eligible for nonservice-connected burial benefits.

The Veteran's initial compensable rating for thoracic spine disability is granted effective January 1, 2007. The claim of entitlement to an increased rating prior to June 8, 2016, is granted.

The Board has decided to remand the case due to an unclear calculation of the debt related to military drill pay for FYs 2010, 2011, 2012 and 2014. The validity of this debt must be adjudicated before considering a waiver.

The Veteran's right hamstring disability is currently rated as 10 percent disabling prior to January 25, 2020 and as 40 percent thereafter. The claim for a higher evaluation in excess of 10 percent prior to January 25, 2020 is denied. A rating at 40 percent from January 26, 2020 is granted.

The Board has granted service connection for fatty liver disease as secondary to the Veteran's service-connected PTSD with alcohol abuse disorder.

The Board has ordered a retrospective examination to assess the severity of the Veteran's service-connected mid-back spasms and muscular strain condition prior to September 2019 due to inadequate reasons and bases regarding whether the October 2013 VA examination complies with the Court's holding in Sharp v. Shulkin, 29 Vet. App. 26 (2017) and Correia v. McDonald, 28 Vet. App. 158 (2016).

The Veteran's service-connected conditions, including medications taken for those conditions, contributed to her need for the regular aid and attendance of another person since May 15, 2015.

The Board has reopened the claim for service connection for residuals of a head injury, including psychiatric symptoms, headaches, and balance problems. The evidence received since the last final denial supports this reopening.

The Board has remanded the case due to a lack of clarity regarding when the Veteran submitted an Intent to File (ITF) form, which could affect the effective date for non-service connected pension benefits. The appellant and her representative are asked to provide any ITF form from January 2016.

The Board has remanded the Veteran's claims for a perirectal abscess due to insufficient evidence in the January 2019 decision. The Veteran needs to provide additional medical records and undergo another VA examination.

The Board has remanded the case for further proceedings due to issues related to the character of discharge and participation in VRAP.

The Board has determined that the overpayment of Chapter 33 Post-9/11 GI Bill education assistance benefits is valid and not due to fraud, misrepresentation or bad faith. The Veteran's request for a waiver of recovery is now remanded for further consideration based on equity and good conscience.

The Board has denied the Veteran's claim for a rating in excess of 60 percent for his residuals of a shell fragment wound to the right lung, finding that the current 60 percent rating adequately reflects the severity of his condition based on recent PFT results.

The Board denied the Veteran's claims for an earlier effective date for service connection due to a lack of pending claim prior to February 18, 2014.