Other conditions decisions — 2023

The Board found that the overpayment of VA compensation benefits was properly created and is a valid debt, as the Veteran did not notify VA of his spouse's death in a timely manner.

The Board has determined that additional development is necessary to determine if the Veteran's memory loss or cognitive deficit was caused by VA treatment beginning on January 21, 2014. The AOJ must obtain an addendum medical opinion and readjudicate the claim.

The Veteran withdrew his appeal before the Board could make a decision.

The Veteran's former spouse, J., was not added to her VA disability compensation award because they were legally divorced prior to any benefits being granted.

The Board has denied the Veteran's claims for ratings in excess of 30 percent and 20 percent, respectively, for neurological impairment of the right external popliteal nerve and left external popliteal nerve. The evidence is not persuasive enough to support a finding of complete paralysis or severe incomplete paralysis for either nerve.

The Veteran's appeal for a total disability rating based on individual unemployability prior to June 3, 2021 has been dismissed as the appellant requested withdrawal of her appeal.

The Board has denied service connection for the Veteran's metastatic squamous cell carcinoma of the head and neck, including laryngeal cancer, and his total laryngectomy. The Board found that there was no link between these conditions and in-service asbestos exposure.

The Veteran's appeal was dismissed due to their death, and no final decision can be made.

The Board has remanded the case due to incomplete file, legally inadequate notification letters, and a pre-decisional duty to assist error. The CEAT's medical decision is also found to be legally inadequate.

The Veteran's eligibility for participation in VA's PCAFC program was denied due to not meeting the basic medical eligibility criteria. The Board found that the January 2023 CEAT review is legally inadequate and remanded for a new medical determination considering all medical information of record.

The Veteran's appeal for payment or reimbursement of non-VA medical services provided at Knox Community Hospital on November 28, 2022 is dismissed because there was no VA determination that can be appealed to the Board.

The Veteran's service-connected migraine headaches and right cranial nerve V3 neuralgia are found to cause his mood disorder and somatic symptom disorder, thus granting the claim for secondary service connection.

The appeals for automobile and adaptive equipment, housebound status SMC, and loss of use of feet SMC have been dismissed due to the Veteran's death.

The Board has determined that the AOJ decisions regarding payment or reimbursement for medical expenses incurred on January 7, 2020, and January 17, 2020, at Aegis Sciences Corporation are not of record. The appeal is remanded to correct this error.

The Veteran's claim for service connection for a left eye disability was granted with an effective date of November 21, 1979. The Board found that the previous denial in 1954 did not become final because the Veteran did not receive notice.

The Veteran's claim for a waiver of overpayment of VA compensation benefits is remanded due to the need for an accurate accounting and audit of concurrent pay, as well as addressing the validity of the debt.

The Veteran's cause of death was due to acute bowel ischemia caused by colorectal cancer. The Board finds that additional evidence is needed from Rush University Medical Center to properly assess the service connection for his cause of death.

The Veteran's claim for nonservice-connected pension benefits is denied because he did not serve in a period of war and his service dates fall outside the defined periods of war, Persian Gulf War, or Vietnam Era.

The Board has determined that there is an approximate balance of positive and negative evidence regarding the Veteran's claim for service connection for histoplasmosis of the right eye. The medical opinion in favor of the claim outweighs the lack of evidence showing eye problems during service, leading to a decision granting the claim.

The Veteran's death was caused by carcinomatosis, which is presumed to be related to Agent Orange exposure during service. The claim for service connection for the cause of the Veteran's death has been granted.