Other conditions decisions — 2022

The Veteran's appeal is remanded due to the need for further development regarding his claim of compensation under 38 U.S.C. § 1151 for residuals of bilateral inguinal hernia surgery, including paralysis of bilateral lower extremities.

The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining substantially gainful employment until April 15, 2021. The Board denied the claim for TDIU prior to that date.

The Veteran's service-connected varicose veins have not been rated appropriately, and a new VA examination is needed to determine the current severity of his condition.

The Board denied the Appellant's claim for survivor's pension benefits due to her income exceeding the maximum annual pension rate (MAPR) for a surviving spouse with no dependents.

The Board has granted a 10 percent rating for cellulitis of the feet from April 5, 2017, finding that it more nearly approximates a painful scar with blistering, cracking, and burning pain.

The Board has granted payment or reimbursement for medical expenses incurred on December 25, 2015, at Chestnut Hill Hospital due to the Veteran's condition being of such a nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to life or health.

The Board has remanded the case due to the need for additional development, including obtaining updated VA treatment records and a VA psychiatric examination. The claim will be reconsidered based on all evidence of record.

The Veteran's service-connected residuals of a right fifth metatarsal fracture need to be re-evaluated due to the lack of recent examination. Updated VA treatment records and private medical records are requested, and the Veteran is scheduled for an examination by an appropriate examiner.

The Board has determined that there was not substantial compliance with previous remand directives regarding the Veteran's claim for compensation under 38 U.S.C. § 1151 for a fractured right patella, and thus another remand is required.

The Veteran's claim for service connection for residuals of an injury to the right hand has been reopened due to new and material evidence. The case is being remanded for a VA examination to determine the etiology of any current right hand disability.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's exposure to herbicide agents while stationed in or near the Korean DMZ. The VA needs to verify the Veteran's proximity to the DMZ and provide a clear explanation of his location relative to it.

The Board has remanded the claims for increased ratings for thoracic outlet syndrome and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) because of incomplete compliance with previous remand directives. The AOJ is instructed to obtain updated medical records, provide forms for TDIU, and conduct further examinations if necessary.

The Veteran's request for a waiver of overpayment of VA pension benefits in the amount of $18,580.00 was deemed timely filed by the Board and granted.

The Board denied the Veteran's claims for increased ratings for his bilateral knee disabilities, finding that they do not warrant a rating in excess of 10 percent.

The Veteran's appeal is about a dispute over the proper transmission of retroactive payment for additional dependency compensation. The Board has ordered an audit to verify if the payment was correctly directed and transmitted.

The Veteran's claim for an evaluation in excess of 40 percent for his service-connected herniated nucleus pulposus, postoperative L4-5 hemilaminectomy and discectomy, and postoperative fusion of L4-S1 was denied. The case is also remanded due to the need for further development.

The Board has remanded the Veteran's claims of service connection for left side chest pain and burning sensation to bilateral fingertips due to inadequate medical opinions in prior examinations.

The Veteran's claim for service connection for recurrent anemia is remanded due to the need for a VA examination and additional medical records.

The Board has remanded the Veteran's claim for service connection for his thoracic back condition, including scoliosis and Schmorl's nodes. The case is being returned to the RO for further development, specifically an addendum VA examination by a clinician who will address whether the Veteran's conditions were clearly and unmistakably preexisting at the time of entry into service or as likely as not acquired during service.