Other conditions decisions — 2022

The Board has remanded the case due to an error in obtaining I.B.'s complete SSDI records and a need for a retrospective medical opinion regarding her ability to support herself prior to age 18.

The Board dismissed the appeal because the Veteran died during the pendency of the case.

The Board has granted service connection for the cause of the Veteran's death due to his service-connected duodenal ulcer with partial gastrectomy, finding that it contributed substantially or materially to his death.

The Veteran's left posterior subcapsular cataracts, to include bilateral cataracts, are being remanded due to a potential service connection issue related to radiation exposure. The Board found that the claim should be referred to the Under Secretary for Benefits to determine if there is a reasonable possibility of a link between his eye disorders and in-service atomic radiation exposure.

The Veteran's arthritis condition was not shown as chronic in service and did not manifest to a compensable degree within the one year of separation from active service. The Board denied service connection for arthritis because there is no indication that it began during or immediately after service, nor is there evidence linking it to service.

The Veteran's claim for reimbursement of non-VA medical expenses at West Boca Medical Center was denied due to lack of documentation and failure to notify VA. The Board is remanded to obtain missing records including the original claim, any request for evidence dated March 23, 2021, and relevant medical records.

The Veteran is granted special monthly compensation (SMC) based on complete organic aphonia due to loss of use of speech from his service-connected amyotrophic lateral sclerosis (ALS).

The veteran withdrew their appeals for various hip conditions, and the Board has dismissed them.

The Board denied the claim for a waiver of recoupment of the overpayment in the amount of $71,511 due to the Appellant's failure to disclose her real estate holdings and income changes. The decision also noted that the Appellant did not face financial hardship as she could sell her property to cover the debt.

The Board has remanded the case due to a pre-decisional duty error regarding the Veteran's application for increased compensation based on unemployability (TDIU). The Veteran was not provided with necessary forms to complete his employment history and income information, which is crucial for determining his occupational status. The matter is now REMANDED for the Veteran to provide this information.

The Board has remanded the claims of service connection for residuals of heat exhaustion and insomnia due to a duty-to-assist error in failing to obtain adequate medical opinions.

The Board has remanded the case due to an inadequate VA examination, and a new examination is needed to determine the current severity of the Veteran's other specified trauma and stressor related disorder.

The Board has remanded the claims for gall bladder disability, prostate disability, and salivary gland disability due to incomplete records and the need for VA examinations.

The Board denied the appeal regarding the transmission of retroactive compensation, finding that VA properly transmitted the payment to the Veteran's account.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to proceed with the case.

The Board has remanded the claims for additional development and examination, including obtaining VA treatment records and scheduling examinations.

The Board has determined that the procedural and due process rights of the parties have not been completed. The appeal is remanded for additional development including obtaining information regarding the date of divorce, custody arrangements, child support payments, and financial information from both parties.

The Board granted the appellant's application to reopen his claim for benefits under 38 U.S.C. Chapter 18, but denied the underlying service connection claims due to lack of evidence of spina bifida and mother being a Vietnam Veteran.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions regarding his prostate and pulmonary disabilities.

The Board denied the Veteran's challenges to the creation of an overpayment and his waiver claim for recoupment. The Board found that the overpayment was properly created due to the Veteran's failure to notify VA of his mother's death, and it also determined that the criteria for a waiver of recoupment were not met.