Other conditions decisions — 2023

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's service-connected Devic's disease caused or aggravated his erythromelalgia, and whether he was exposed to TCE solvents in service. The case will be returned for further development.

The Veteran's claim for an initial 70 percent rating for her other specified trauma and stressor related disorder is granted. The earlier effective date claim was dismissed.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board has decided to remand the case due to insufficient medical evidence on file regarding whether the Veteran's left hip DJD is related to service. The Veteran must provide a VA examination to address this issue.

The Veteran's appeal for service connection of mesothelioma has been dismissed due to the death of the Veteran.

The Board has remanded the case due to a failure to attempt to rebuild the claims file, specifically focusing on obtaining a copy of a claim filed by the Veteran in August 2011. The AOJ is required to undertake this action.

The Board has granted payment for unauthorized ambulance transportation service incurred on May 7, 2019 due to the Veteran's severe abdominal pain after gallbladder surgery. The claim is based on direct service connection and not related to a specific exposure or presumption.

The Board has determined that the validity of an overpayment of $325,115.86 and a reduced waiver amount of $90,000.00 need to be reviewed due to discrepancies in amounts noted.

The Veteran did not have any pending claims or appeals at the time of his death, and was not owed monetary benefits under existing ratings. The Appellant's claim for accrued benefits was denied due to a lack of timely filing.

The Board denied the veteran's claim for nonservice-connected pension benefits as his active duty service did not qualify him for such benefits due to it being ACDUTRA (active duty training) rather than active military service.

The Veteran's iron deficiency anemia, which is service-connected and secondary to gastroesophageal reflux disease (GERD), has been granted a disability rating of 30 percent effective July 12, 2021. The issue of entitlement to TDIU remains pending.

The Veteran's appeal for a higher rating for his service-connected left foot disability and compensable rating for left foot residual scars was denied. The Board found that the evidence did not support a higher rating than 20 percent for the left foot disability, as it is characterized by moderately severe symptomatology throughout the appeal period. For the left foot residual scars, the evidence did not meet the criteria for a compensable rating under Diagnostic Code 7802.

The Veteran's appeal for a higher rating for his service-connected left foot disability and compensable rating for left foot residual scars was denied. The Board found that the evidence did not support a higher rating than 20 percent for the left foot disability, as it is characterized by moderately severe symptomatology throughout the appeal period. For the left foot residual scars, the evidence did not meet the criteria for a compensable rating under Diagnostic Code 7802.

The Veteran withdrew his appeal, and the Board dismissed it.

The Board has determined that the attorney fee agreement between the appellant and the Veteran is valid, as it meets all the criteria specified in VA regulations. The decision also notes there was no break in representation.

The Board has determined that the decision denying VR&E benefits was not made in accordance with regulations and procedures, specifically failing to provide an extended evaluation as required. The case is being remanded for this purpose.

The Veteran's schizoaffective disorder is rated at 100 percent effective April 21, 2008. His right upper extremity disability is rated at 60 percent effective January 9, 2020. SMC based on the housebound rate is granted effective January 9, 2020. The issue of entitlement to TDIU is rendered moot for the entire rating period.

The Board denied the Veteran's claim of service connection for severed median nerve of the left hand as there was no new and relevant evidence received since the February 2014 rating decision.

The Veteran's appeal for a higher rating for his service-connected left foot disability and compensable rating for left foot residual scars was denied. The Board found that the evidence did not support a higher rating than 20 percent for the left foot disability, as it is characterized by moderately severe symptomatology throughout the appeal period. For the left foot residual scars, the evidence did not meet the criteria for a compensable rating under Diagnostic Code 7802.

The Board has granted the appellant's request for a waiver of recovery of the overpayment of VA pension benefits in the amount of $45,649. The appeal is remanded to determine if additional development is needed before deciding the merits of the waiver request.