Other conditions decisions — 2022

The Board found that the appellant's discharge under other than honorable conditions was issued because of willful and persistent misconduct, constituting a bar to the award of VA pension benefits.

The Board has granted service connection for residuals of a left foot injury and denied the claim for TDIU.

The Board denied a compensable rating for the Veteran's status post septoplasty, turbinate reduction, and uvulopalatopharyngoplasty due to lack of evidence showing at least 50 percent obstruction of both sides or complete obstruction on one side.

The Board has determined that the reduction of the Veteran's VA disability compensation benefits beginning May 4, 2014 was improper due to a conviction for a felony offense not having occurred.

The Board denied the Veteran's claim for service connection for prostate hypertrophy, finding that there is no evidence to support a secondary relationship between his service-connected transitional cell carcinoma and his prostate hypertrophy.

The Veteran's claims for payment or reimbursement of medical expenses incurred from July 11 to 14, 2016, at Baptist Health Lexington (BHL), and ambulance expenses incurred on July 11, 2016, are denied due to the lack of eligibility under VA regulations.

The Board has remanded the case due to an issue with the appellant's spouse's military service record. The appellant is asked to provide documents to the Army Board for Correction of Military Records to have her husband's service recognized.

The Board has determined that the apportionment of the Veteran's disability benefits for his daughter, R.O., is not ripe for appellate review due to procedural issues. The appeal will be remanded to ensure full compliance with contested claims procedures and provide the appellee with necessary documents.

The Board has remanded the case due to an inadequate examination in denying a higher disability rating for prostatitis prior to January 31, 2018. A new examination and medical opinion are required.

The Veteran's bulbourethral stricture has been rated at 60 percent throughout the appeal period, and his adjustment disorder with depressed mood has been granted a rating of 60 percent. The highest schedular ratings for both conditions are assigned.

The Veteran's initial rating for their thoracic spine disability was increased to 20 percent, effective July 7, 2009. The Board found that the evidence did not show flexion limited to 30 degrees or less, ankylosis, or incapacitating episodes of at least 4 weeks during a 12-month period.

The Board previously remanded the case and sent a Statement of the Case (SOC) to the Veteran's private attorney. The SOC was not delivered due to an undeliverable address. The case is being remanded again with instructions to resend the SOC to the current address provided.

The Board has granted the Veteran's claims for recognition of K.T., C.T., and Z.T. as dependent children, and C.M.T. as a dependent spouse for VA dependency benefits effective from June 20, 2018. The appeal is dismissed because all requested benefits have been granted.

The Board has decided to remand the case due to uncertainty regarding whether the overpayment was created in error, and to allow for further investigation into the Veteran's claim.

The Board dismissed the issue of whether the debt created by the removal of the Veteran's former spouse, Z., was validly created as there is no longer a case or controversy affecting the provision of benefits.

The Board has remanded the case due to a failure to ensure VA satisfied its duty to assist in obtaining records related to the Veteran's service at the Korean DMZ. The issue of whether the Veteran's death was caused by his active service, including herbicide exposure, is now pending.

The Board has decided to remand the claims for service connection for gout of the right foot and left foot, as secondary to service-connected disabilities due to inadequate substantial compliance with previous remand directives.

The Board denied the Veteran's claim for service connection for a sleep disorder, finding that it is not related to his active service or to any incident of service, including as secondary to his service-connected occipital headaches.

The Board has remanded the case due to insufficient information regarding the Veteran's left foot disabilities and their relationship to service or service-connected conditions.

The Board denied service connection for alcohol abuse, liver disease, and spleen condition as the evidence did not support a finding that these conditions were caused or aggravated by the Veteran's service-connected major depressive disorder and unspecified anxiety disorder.