Other conditions decisions — 2022

The Board has remanded the claims for muscle spasms and neurological condition due to inadequate medical opinions regarding their etiology. The Veteran is seeking service connection for these conditions based on an in-service vehicle accident.

The Board has remanded the case due to an issue regarding the creation of a debt and the waiver of recovery of overpayment. The case must be returned for another Supplemental Statement of the Case (SSOC) that includes discussion on both issues.

The Board has remanded the claims for service connection for colon cancer and cause of death due to insufficient evidence regarding the Veteran's exposure to herbicide agents. The examiner is asked to provide an addendum opinion addressing whether the Veteran's colon cancer is related to his in-service exposure to herbicide agents, including any metabolic or cellular changes caused by such exposure.

The Veteran's TDIU claim is remanded due to the need for updated employment information and a possible change in his work status.

The Veteran's claim for a 20 percent rating for TMJ dysfunction, effective November 14, 2012, is granted. The claim for an increased rating for the residuals of maxilla fracture, other than the 20 percent rating assigned for TMJ dysfunction, remains denied.

The Board has granted service connection for central binocular diplopia and strabismus (bilateral eye disability) as these conditions are presumed to have been incurred during active duty.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's ear conditions, including bilateral otitis and basal cell carcinoma on the right ear. The examiner is requested to provide an opinion as to whether any diagnosed ear disorder or disability is at least as likely as not related to service-connected frostbite of ears.

The Board has decided that the Veteran's skin disability is not service-connected, and has ordered further development to obtain medical records and an opinion regarding the etiology of his condition.

The Board denied the Veteran's request for a waiver of recovery of overpayment benefits due to fault on his part, lack of undue hardship, and failure to defeat the purpose of the benefit.

The Board has decided to remand the Veteran's claim for service connection of his back disability due to additional development being required.

The Board has decided to remand the case due to incomplete records and issues with the VA examination. The Veteran's spine disorder needs further evaluation.

The Veteran's claim for an earlier effective date of August 1, 1997 for the grant of service connection for a left foot remote injury is granted. The rating assigned for right foot fracture residuals and left foot remote injury both became effective on June 30, 2022.

The Veteran's appeal for service connection for ovary disease, to include ovarian cysts, secondary to her service-connected endometrial ablation and hysterectomy was dismissed because she withdrew her claim before a decision could be made.

The Board denied service connection for tongue cancer, finding that the evidence did not support a link between the Veteran's exposure to contaminated water at Camp Lejeune and his development of tongue cancer.

The Board of Veterans' Appeals has determined that discontinuance of the Veteran's VR&E services was proper due to her inability to achieve a vocational goal despite multiple attempts and accommodations.

The Board has previously denied the appeal, but a remand is required due to inconsistencies with previous opinions and the need for an additional VA opinion considering the 'at least as likely as not' standard.

The Board has remanded the Veteran's claims for service connection for left lower extremity disabilities, specifically residuals of a left femur fracture and residuals of a left tibial plateau fracture. The issues are being returned to the RO for further development.

The Veteran's left foot injury residuals have not resulted in any current symptomatology, including any pain that causes functional loss. Therefore, a compensable rating for the condition is denied.

The Board denied the claim for service connection for pre-cancerous colon polyps, including as due to exposure to Agent Orange, finding that there was no evidence of onset in service or a relationship to service. The Veteran's lay assertions were not considered sufficient medical evidence.

The Board has decided to remand the claims for service connection and earlier effective date due to conflicting diagnoses and need for clarification. The Veteran's conditions are currently assessed as Restless Leg Syndrome with Insomnia, but there is also evidence of Periodic Limb Movement Disorder.