Other conditions decisions — 2023

The Board has determined that the use of Dilantin for treatment of the service-connected grand mal epilepsy resulted in loss of mandible, which qualifies as a dental disability warranting compensation. The evidence is in equipoise regarding whether this condition was caused by Dilantin.

The Board has remanded the case due to concerns about the competency of the VA medical examiner who provided an opinion in April 2023. The RO is instructed to obtain and provide the curricula vitae and other credentialing documents of this examiner.

The Board has determined that the matter is not ripe for appellate review due to procedural issues and remands the case for further development.

The Veteran's death was not service-connected, and the Appellant did not meet the eligibility criteria for non-service-connected burial benefits. The claims were denied as untimely.

The Board has decided to remand the case due to new legal requirements under the PACT Act, specifically regarding asbestos exposure and its relation to the Veteran's cause of death.

The Board has granted an effective date of June 1, 2011 for the award of DIC benefits to the surviving helpless child of the Veteran. The decision is based on the fact that the application for burial benefits included an informal claim for DIC benefits due to the death being service-connected.

The Veteran's appeal for service connection for follicular lymphoma was withdrawn by the appellant before a decision could be made.

The Board denied the veteran's claim for nonservice-connected (NSC) pension benefits due to his service not meeting the minimum active-duty service requirement, and therefore he is not eligible for these benefits.

The Board has remanded the case due to incomplete evidence and the need for a new medical examination. The Veteran's lung disability remains on appeal, with issues regarding higher ratings and TDIU.

The Veteran's appeal for increased ratings for herpes simplex prior to August 13, 2018, and thereafter is dismissed as the Veteran opted into the Appeals Modernization Act (AMA) review system.

The Veteran's claims for service connection for a memory loss condition, SMC based on the need for aid and attendance, and SMC based on housebound status are remanded due to inadequate development. A new VA examination is needed to determine if the memory loss condition had its onset in service or is related to an in-service head injury.

The Board has remanded the case due to a failure to ensure an SSOC was sent regarding the service connection claim for bilateral binocular amblyopia due to high hyperopia. The Veteran's representative needs to be notified of the October 2021 Supplemental Statement of the Case (SSOC).

The Board has dismissed the appeal due to the appellant's death, and no final decision can be made.

The Board has determined that the Veteran's bilateral metatarsalgia is related to service and grants service connection for this condition.

The Veteran's claim for a rating in excess of 10 percent for residuals of prostatectomy from December 1, 2018 was denied as the evidence did not support local reoccurrence or metastasis and improvement in his disability was noted.

The Board has dismissed the appeal for VA payment or reimbursement of medical services provided by Teton Orthopedics on April 4, 2017 due to the Veteran not filing a substantive appeal within the required timeframe.

The Board denied compensation for tremors claimed as a result of surgery performed in 1998 due to lack of evidence showing negligence or carelessness on the part of VA.

The Board has remanded the issue of service connection for a dental disorder due to scheduling conflicts and lack of clarity in the record regarding whether VA attempted to reschedule an examination.

The Board dismissed the appeal due to the appellant's death, as claims do not survive their deaths. The process for substitution of claimant upon death is outlined.

The Board has remanded the service connection claims for right and left foot disorders due to inadequate compliance with previous remand instructions.