Other conditions decisions — 2022

The Board denied compensation under 38 U.S.C. § 1151 for left-eye blurriness due to VA left eye cataract surgery in February 2010, finding that the proximate cause of the disability was not carelessness, negligence, lack of proper skill, error in judgment or similar instance on part of the VA.

The Board denied compensation under 38 U.S.C. § 1151 for ileoinguinal nerve injury resulting from a hernia repair surgery performed at a VA facility, finding that the Veteran's disability was not proximately caused by VA care and did not result from negligence or error.

The Board has determined that the Veteran's diagnosed acute myelogenous leukemia is at least as likely as not related to his active service, including exposure to chemicals released from burn pits during his deployment in Afghanistan.

The Board has decided to remand the case due to inadequate examination and incomplete medical records. The Veteran's cardiovascular disabilities, including arteriosclerotic occlusive disease and peripheral vascular disease, are being evaluated for their relation to service exposure.

The Board has ordered a remand to obtain an updated medical opinion regarding the relationship between the Veteran's borderline left atrial enlargement and left ventricular hypertrophy and his service-connected obstructive sleep apnea and hypertension.

The Veteran's son, S.E., receives disability benefits from the Social Security Administration. The VA needs to obtain his SSA records for a complete evaluation of the case.

The Veteran's service connection claim for bilateral recurrent corneal erosion is granted. The initial rating for his lumbar spine disability remains at 20 percent, but a temporary total rating due to surgery is granted.

The Board has decided that the decision to withhold VA compensation benefits in order to recoup drill pay received in fiscal year 2014 was improper and remanded for further development.

The Board has remanded the cases due to inadequate VA examination reports and issues of bilateral knee instability.

The Board has granted service connection for right upper quadrant liver pain and remanded the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The Board denied the appellant's request for an effective date prior to January 1, 2014 for the grant of apportionment benefits. The claim was received in December 2013 and the earliest effective date allowed by law is January 1, 2014.

The Veteran's appeal for TDIU prior to August 29, 2016 has been dismissed as the Veteran requested and granted withdrawal of his appeal.

The Veteran's appeal for a total disability rating due to individual unemployability prior to October 17, 2015 has been dismissed as the Veteran withdrew the appeal before any decision was made.

The Board denied the Veteran's claim for service connection for a disability manifested by chest pain and shortness of breath, finding that there is no evidence indicating a link between these symptoms and service or a service-connected disability other than the Veteran's lay statements. The Board found substantial compliance with prior development requests as opinions were provided regarding the Veteran's diagnoses.

The Board has determined that the Veteran's cause of death, acute raised intracranial pressure due to pinealoblastoma, was caused by his in-service exposure to ionizing radiation. As a result, service connection for the cause of death is granted.

The Veteran withdrew his appeal regarding the payment for non-VA medical services provided in January 2016, and the Board dismissed the case as a result.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Board denied compensation benefits under 38 U.S.C. § 1151 for residuals of neck surgery, including paralysis in the right upper extremity and numbness and weakness in the right lower extremity due to lack of fault on VA's part.

The Board has determined that the Veteran's scoliosis is a congenital disease and not aggravated by service, thus granting service connection for this condition.

The Veteran's right eye retinal detachment and vision loss were not caused by VA error, and the effective date for his increased rating claim for bilateral hearing loss is denied.