Other conditions decisions — 2023

The appellant withdrew their claim for payment or reimbursement of non-VA medical services provided in May 2020, and the appeal is dismissed.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Veteran's appeal for service connection for schizoaffective disorder under the AMA system has been dismissed. The claim remains pending in the Legacy system and will be adjudicated separately.

The Veteran's appeal for service connection of immune thrombocytopenic purpura is remanded due to insufficient evidence. His claim for TDIU remains under review.

The Veteran's appeal for prescription reimbursement from a non-VA colonoscopy prep medication is dismissed because the Board does not have jurisdiction to evaluate medical determinations such as whether a particular drug should be prescribed.

The Veteran's claim for an acquired psychiatric disorder is remanded due to the inadequacy of the VA examination and need for a new one.

The Veteran's claim for service connection for deep vein thrombosis of the right leg is being remanded due to a duty to assist error involving missing service medical records.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's entitlement to payment or reimbursement of ambulance transportation expenses incurred on October 25, 2022. The AOJ is instructed to consider the Veteran's claim under the provisions of 38 U.S.C. § 1725 and 38 C.F.R. §§ 17.1000 through 17.1008.

The Veteran's right thigh disability has been rated at 10% for limitation of adduction, but no higher ratings are warranted as the evidence does not show abduction beyond 10 degrees or extension limited to 5 degrees.,Separate compensable ratings for limitation of extension and flexion are not warranted due to lack of showing of those specific limitations.

The Veteran's insomnia symptoms did not more closely approximate the criteria for a higher disability rating, and his condition is currently rated at 30 percent.

The Veteran's claim for service connection for insomnia disorder with other medical co-morbidity was granted, and the effective date is set at July 19, 2018.

The Veteran's appeals for service connection for bilateral wrist scars, right arm ulna torus distal end closed fracture with residuals of pain, arthritis, and limited range of motion, sinusitis as secondary to service-connected residual effects, nasal laceration, large intestine adenomatous polyp, benign neoplasm, cecal polyps, and tubular adenoma have been dismissed. The Veteran's appeal for service connection for phlebitis and residuals has been denied.

The Board has decided to remand the case due to a duty to assist error, specifically regarding the relationship between the Veteran's diagnosed cardiomyopathy with supraventricular arrhythmia and his service. The Veteran is presumed exposed to Agent Orange during his Vietnam service.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's leukopenia is related to his service-connected prostate cancer.

The Board has remanded the claims for further development due to non-compliance with previous remand directives regarding the issue of an increased rating for adjustment disorder.

The Board denied the claim for service connection of a left elbow condition, finding that there is no evidence to support a link between the Veteran's in-service injury and her current symptoms.

The Board has found that the debt resulting from concurrent receipt of VA disability benefits and drill pay during FY 2010 was validly created. However, no decision on the Veteran's request for a waiver by the Committee on Waivers and Compromises (COWC) has been obtained. The RO should allow the Veteran an opportunity to present evidence showing the elements necessary for a waiver of overpayment.

The Board has decided to remand the case due to inadequate examination and medical opinion regarding the Veteran's lower back pain disability. A new VA examination is needed to determine if the condition began during service or is related to service.

The Board denied service connection for the Veteran's prostate disorder, finding that there is no evidence of a disease or injury incurred in service and that his current prostatitis does not meet the criteria for service connection.

The Board has decided that the overpayment based on the first portion of the Veteran's third tour of active duty was properly created. However, there is a discrepancy in the amount remitted to the Treasury and the overpayment amount for this period, which requires further clarification.