Other conditions decisions — 2022

The Board has remanded the cases for compliance with prior directives to obtain VA treatment records, specifically ophthalmology notes and informed consent documents from VISTA imaging system. The issues of service connection for left tibia-fibula fracture and compensation under 38 U.S.C. § 1151 for additional disability of both eyes are inextricably intertwined with the need to obtain these records.

The Board dismissed the appeal due to the death of the Appellant, as claims do not survive their deaths. The case is closed and no compensation will be awarded.

The Board has determined that the overpayment of VA benefits was not properly created and is remanding for further action to determine if a waiver of the debt is warranted due to hardship.

The Veteran's non-service-connected pension benefits with SMP were granted for specific periods, and the Board found that the Veteran met the criteria for higher amounts of pension benefits in some cases. The AOJ awarded lower amounts than what was determined by the Board.

The Board has remanded the claims for further development due to the need for additional medical opinions and records.

The Board has remanded the case due to incomplete medical opinions regarding a liver disability and its relationship to service-connected conditions, obesity, or medication.

The Veteran's VR&E services request for additional education in pursuit of a Master's Degree in Strategic Communication is being remanded due to concerns about the competitive disadvantage caused by his service-connected disabilities and serious employment handicap.

The Board denied the Veteran's claim for service connection for a stomach condition, finding that there is no evidence to support a link between his current condition and his active service.

The Board has denied the Veteran's claims for service connection for coccidiomycosis, mini-strokes secondary to coccidiomycosis, and meningitis secondary to coccidiomycosis. The case is remanded for further development including obtaining VA treatment records and scheduling examinations.

The Veteran's claims for an initial compensable rating for left leg distal fibula fracture and TDIU are remanded due to the need for additional evidentiary development, including scheduling a VA examination.

The Board has decided that the Appellant's character of discharge claim should be reconsidered due to new service records, and a hearing request clarification is needed.

The Board has determined that the Veteran's loss of sense of smell is at least as likely as not related to service, and therefore grants service connection for this condition.

The Board denied service connection for a pulmonary disability, finding that the evidence did not support a link between the Veteran's current condition and his active duty service.

The Veteran's jaw disability prior to August 26, 2020, did not meet the criteria for a 20 percent evaluation as his interincisal range was between 30 and 34 millimeters without dietary restrictions. The appeal is denied.

The appellant is not recognized as the Veteran's surviving spouse due to a legal divorce in the 1990s, and there was no common law marriage established.

The Board has granted the Veteran's claims for service connection for alcohol use disorder as secondary to PTSD and for liver cancer, status post liver transplant, as aggravated by both PTSD and alcohol use disorder.

The Board has denied the appellant's request for an effective date prior to March 14, 2013, for the grant of an apportionment of the Veteran's VA disability compensation benefits on behalf of her adopted child H.D. The earliest effective date allowed by law is March 14, 2013.

The Board has decided that the VA examiner's opinion regarding the Veteran's right elbow disability is inadequate and requires further development to determine if his condition is related to service.

The Board has remanded the case due to inadequate compliance with previous remand directives regarding the service connection claim for a liver condition. A new medical opinion is needed to address the Veteran's reports of fatty liver and elevated liver enzymes following deployments, as well as the etiology and pathophysiology of his liver condition.

The Board has decided to remand the Veteran's claim for service connection of a right elbow disability due to incomplete development and lack of supporting medical records. The Veteran needs to provide authorization for VA to obtain his private medical records from Dr. N.H., which may contain an x-ray confirming traumatic arthritis of the right elbow.