Other conditions decisions — 2023

The Veteran's claim for compensation under 38 U.S.C. § 1151 for full body skin burns and irritation of both eyes was denied because the incident occurred at a private medical facility, not in VA care or treatment, and thus did not meet the criteria for compensation under 38 U.S.C. § 1151.

The VA denied service connection for chest pain and left ventricular hypertrophy and mild dilatation of the ascending aorta due to insufficient evidence showing these conditions were related to service.

The Veteran's appeal for a higher evaluation for her service-connected anemia was dismissed because the appellant requested and received a withdrawal of the appeal.

Your appeal for service connection for a left leg disability has been dismissed as the claim was fully granted in a previous rating decision.

The Veteran's claim for an initial compensable rating for empty sella syndrome is being remanded due to the need to obtain additional medical records from Duke University Hospital and VA Choice Program.

The Board denied compensation under 38 U.S.C. § 1151 for a back injury due to a VA injection, finding that the evidence did not demonstrate an additional disability was caused by VA care.

The Veteran withdrew her appeal for service connection of laryngeal cancer, and the Board dismissed the claim as a result.

The Board has decided to remand the case due to a duty-to-assist error, specifically regarding the Veteran's exposure to toxic solvents and ionizing radiation during service. The claim for service connection for multiple myeloma will be reconsidered with additional medical opinions.

The Veteran's request for a waiver of recovery of an overpayment of VA compensation and pension benefits in the amount of $59,792.00 was timely filed; to this extent only, the appeal is granted. The Board finds that additional evidentiary development is required due to the challenge to the validity of the debt.

The Board has decided to remand the case due to a lack of adequate medical opinion supporting the denial of eligibility for PCAFC benefits. The Veteran's personal care needs and eligibility criteria will need to be reassessed by the CEAT.

The Board denied benefits for spina bifida and hip dislocation/dysplasia because the appellant does not have a diagnosis of spina bifida, and her mother is not a Vietnam Veteran.

The Veteran's claim for an effective date prior to July 29, 2019, for the grant of service connection for schizoaffective disorder is denied. The Board found that the presumption of regularity was not rebutted because the evidence did not show that the September 2015 character of discharge determination notice was not received by the Veteran.

The Board dismissed the appeal as there was no debt and thus, no need to consider the waiver request.

The Board has decided to remand the case due to a duty to assist error, specifically regarding whether the Veteran's neck condition was aggravated by his service-connected lumbar spine disability.

The appeal for an earlier effective date for the grant of Total Disability Rating Based on Individual Unemployability (TDIU) is dismissed as the benefit has been granted in full in the Legacy system.

The Veteran's service-connected other specified trauma and stressor related disorder has caused significant social and occupational impairment since September 30, 2019. The Board granted a 70 percent rating effective that date.

The Veteran's employment with the United States Postal Service was terminated on March 23, 2007 due to his service-connected disabilities. The Board found that he had been employed prior to this date and thus did not meet the criteria for a TDIU during the period from February 15, 2005 to March 23, 2007.

The Veteran's appeal is remanded due to errors in the eligibility determination for PCAFC benefits. The AOJ must obtain a medical opinion from CEAT and provide proper notice of the decision.

The Veteran's claims for service connection for skin issues, colon polyps, stomach erosion, neurobehavioral effects, and diverticulitis are being remanded due to the need for additional development of evidence.

The Board dismissed the appeal regarding a waiver of recovery of VA benefits in the amount of $16,994 due to the Veteran's withdrawal before the decision was made.