Other conditions decisions — 2023

The Board denied compensation under 38 U.S.C. § 1151 for stroke, finding that the Veteran's stroke was not caused by VA treatment and that there was no fault on VA's part.

The Board has remanded the Veteran's claims for a compensable evaluation for his service-connected right hand disabilities and for a TDIU due to unemployability. The case is being referred to the Compensation and Pension Service for consideration of whether an extraschedular rating is warranted.

The Board has remanded the case for further development and consideration, including a retrospective medical opinion to determine the nature and severity of the Veteran's service-connected anterior cruciate ligament with limitation of extension of the right knee prior to October 26, 2017.

The Board has found that there has not been substantial compliance with the remand requests and has therefore decided to remand the case for further development.

The Board has decided to remand the case due to insufficient consideration of the Veteran's National Guard service and missing VA treatment records. The Veteran's left foot disability is being reviewed again for possible service connection.

The Board dismissed the appeal because the appellant died during the pendency of the case, and therefore has no jurisdiction to decide the merits.

The Board has granted service connection for a left foot disorder and a right foot disorder, finding that the Veteran's current conditions are related to his military service.

The Board has remanded the case due to incomplete development regarding service connection for chronic myelogenous leukemia (CML), including exposure to ionizing radiation or toxins. The claim will be further developed under the PACT Act and 38 C.F.R. § 3.311.

The appeal for TDIU is dismissed as the Veteran and his representative withdrew their appeal.

The Veteran's son, O.M., is recognized as a helpless child due to his permanent incapacity for self-support prior to reaching the age of 18, primarily attributed to autism and Asperger's Syndrome.

The Veteran's claim for reimbursement of medical services provided by Avera Heart Hospital from May 28, 2018, to June 8, 2018, is remanded due to a pre-decisional duty to assist error. The AOJ needs to obtain the amount paid by other health insurance and Medicare as well as determine if the Veteran received treatment at a VA facility within 24 months prior to May 28, 2018, and request private treatment records from Avera Heart Hospital.

The Veteran's ulcerative colitis is currently rated at 10 percent, but the Board has granted a 60 percent rating effective from May 31, 2016. The higher rating is based on multiple episodes of exacerbation and related symptoms such as anemia, weight loss, nausea, and vitamin deficiencies.

The Board found that the termination of survivor pension benefits effective January 1, 2022 was not proper due to procedural errors and restored the payment of survivor pension benefits.

The appeal was dismissed because the Veteran withdrew it before a decision could be made.

The Veteran's claims for service connection for esophageal adenocarcinoma and metastatic esophageal adenocarcinoma of the lymphatic system are denied as there is no evidence to support a direct relationship between these conditions and his military service, including presumed herbicide exposure.

The Board has determined that the claim for medical reimbursement was timely submitted and has been remanded due to a failure by the AOJ to provide proper notice of the decision.

The Board has determined that the Veteran's post-operative claw toes of the feet are service-connected as they have undergone an increase in severity during his period of active military service, and there is no clear and unmistakable evidence to rebut this presumption.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's hernia is related to his service, including complaints of abdominal pain and groin area pain in service. The VA must obtain a medical opinion addressing these issues.

The Board has decided to remand the case due to an inadequate VA examination, and a new opinion is needed regarding whether the Veteran's left eye disability is caused or aggravated by his service-connected right eye disability.

The Veteran's VA compensation benefits were reduced, severed and discontinued due to 'fraud' under 38 C.F.R. § 3.1(aa)(2). The AOJ is required to provide a summary of this regulation and allow the Veteran and his attorney a reasonable time to respond before readjudicating the claims.