Other conditions decisions — 2023

The Board has decided to remand the case due to a lack of an adequate medical opinion regarding the Veteran's facial numbness. The Veteran is required to participate in the development of his claim, including attending a VA examination.

The Board denied the Veteran's claim for service connection of a back condition, finding that his degenerative spine disease is unrelated to active duty service and attributing it instead to naturally occurring age-related changes.

The Board has decided to remand the Veteran's claims for service connection for a right foot condition, left foot condition, and left-hand condition due to inadequate medical opinions regarding in-service exposure to herbicide agents.

The Veteran's claim for a higher disability rating for benign prostatic hyperplasia is remanded due to the need for an updated examination considering his current symptoms and medication effects.

The Veteran's claims for increased evaluations have been remanded due to incomplete development. The left hip muscle injury claim is being remanded for a VA examination and rating under different Diagnostic Codes, while the chronic kidney disease claim from August 2, 2011, to April 12, 2023, requires issuance of a Supplemental Statement of the Case (SSOC).

The Veteran seeks service connection for bilateral cataracts as secondary to his service-connected diabetes mellitus. The Board finds that further development is required due to the need for a VA medical opinion regarding the etiology of the Veteran's cataracts.

Your appeal for service connection for right foot fracture residuals has been dismissed due to your opt-in under the Appeals Modernization Act (AMA). The Board no longer has jurisdiction over this matter.

The Board has determined that the cause of the Veteran's death is remanded for further development, including obtaining additional VA medical opinions to determine if his death was related to service.

The Board denied the Veteran's claim for service connection for a right eye condition, finding that there was no evidence of such a condition during active service or related to an in-service injury. The Veteran's current right eye conditions are attributed to refractive error and age-related issues.

The Veteran's claim for a waiver of overpayment of VA compensation benefits was denied as the overpayment was valid and not due to fraud, misrepresentation or bad faith. The Board found that the Veteran had concurrent receipt of military drill pay and VA compensation which is prohibited by law.

The Board finds that the appellant's period of service from December 1, 1998, to April 27, 2007, constitutes one continuous period of service for eligibility to VA benefits. The appeal is denied as it does not involve a claim related to service connection.

The Board has determined that the Veteran's cerebellar ataxia is related to his in-service exposure to Agent Orange, and thus service connection for this condition is granted.

The Veteran's schistosomiasis mansoni and trichuriasis are currently inactive, rated at 0 percent. The Veteran's diabetes mellitus with hypertension and erectile dysfunction is rated at 20 percent.

The Board has remanded the claims for service connection due to exposure to asbestos, as the evidence is unclear regarding whether the Veteran currently has a respiratory or throat disability. The VA must obtain any outstanding records from non-VA providers and VA treatment records.

The Veteran's insomnia disorder is rated at 30 percent, which is the maximum rating available under the applicable diagnostic code. The Board found that his symptoms do not warrant a higher rating as they do not meet the criteria for occupational and social impairment with reduced reliability and productivity.

The Veteran's claim for payment or reimbursement of ambulance expenses incurred on June 22, 2020 is being remanded due to a procedural error in the original decision. The appeal must be reconsidered under the provisions of 38 U.S.C. § 1725 and 38 C.F.R. §§ 17.1000-1008, including the provisions for payment or reimbursement under 38 U.S.C. § 1725 for ambulance transportation to a non-VA facility where payment would have been authorized had the Veteran's liability not been fully extinguished by third-party payment.

The Board has determined that the grant of service connection for the cause of the Veteran's death was not based on clear and unmistakable error (CUE), thus the severance of service connection is improper.

The Veteran's herpes simplex has required constant or near-constant systemic treatment, warranting a rating of 60 percent under the General Rating Formula for the Skin.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been withdrawn and is dismissed.

The Board has remanded the claims for service connection due to Agent Orange exposure, as there was a pre-decisional duty to assist error regarding obtaining a TERA medical opinion.