Other conditions decisions — 2023

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's sleep disorder and requests a VA examination.

The Board has remanded the cases due to inadequate opinions regarding the service connection for prostate, bilateral hand, and sinus disabilities. Additional evaluations are needed to determine if these conditions are related to service.

The Board has decided to remand the case due to inconsistencies in the debt calculation and the need for a clear explanation of how the $33,563.07 overpayment was calculated. The Veteran's challenge to the validity and amount of the overpayment must be addressed before any decision on the waiver request can be made.

The Board has determined that full compliance with contested claims procedures is required, and the case is being remanded for further action.

The Veteran's mast cell activation syndrome with facial flushing and skin rash, GERD, scars of the trunk and extremities, and external hemorrhoids are all currently rated based on their primary service-connected conditions. The Board has remanded these issues for further development.

The Veteran's left testicular disability, which includes the removal of one testis and three painful scars with underlying soft tissue damage, is granted a 20 percent rating. The matter of entitlement to TDIU prior to January 2, 2019, is remanded for further review.

The Board denied the Veteran's claims for service connection for a skin disability and left proximal humerus disorder, finding that there was no evidence linking these conditions to his military service.

The Board denied the Veteran's request to restore his 100% disability rating for a service-connected hernia, finding that there was no evidence of a current hernia at the time of the reduction in January 2015.

The Board denied service connection for a right hand disability, finding that the Veteran's current condition is not related to his military service.

The Board denied the Veteran's claim of service connection for a respiratory disability, finding that there is no evidence linking his current hypoxemia to an in-service injury or disease.

The Board has granted the Veteran's claim for secondary service connection for a substance abuse disorder, finding that it is proximately due to his service-connected acquired mood disorder.

The Veteran's claim for service connection for hysterectomy was denied in a previous rating decision. New evidence has been submitted, reopening the claim. The case is remanded to obtain an opinion on whether her service-connected anemia caused or aggravated her need for a hysterectomy.

The Board denied the Veteran's claim for medical reimbursement of non-VA medical care received on December 5, 2017, as there was no prior authorization from VA and the treatment did not meet the criteria for emergency treatment.

The Veteran developed decreased visual acuity in the left eye following a May 2014 VA selective laser trabeculoplasty for open angle glaucoma. The Board found that this additional disability was proximately due to or the result of negligence on the part of VA in not providing timely follow-up care, and granted compensation benefits under 38 U.S.C. § 1151.

The Veteran's increased rating claim for Hodgkin's disease was denied. The Board found that the criteria for a compensable rating were not met due to the Veteran being in remission since approximately 1978. The issues of service connection for a vein condition and dental disability, both claimed as secondary to service-connected Hodgkin's disease, are remanded.

The Board has remanded the Veteran's claims for service connection for a back injury and head injury, as well as his claim for TDIU. The AOJ is instructed to obtain private treatment records from Drs. A. Foreman and L. Salvaggio, provide an appropriate VA examination to address the nature and etiology of any head condition, and readjudicate the TDIU claim.

The appeal for service connection for cardiomyopathy, heart block, and congestive heart failure is dismissed. The issue of service connection for soft tissue sarcoma (claimed as a colon mass) is remanded.

The Board dismissed the appeal because it had no jurisdiction to enter an opinion on the overpayment issue, as there were no viable challenges presented.

The Board has decided to remand the matter as it requires further development of information regarding the appellant's income and unreimbursed medical expenses from May 2011 to December 2012. The case will be returned for readjudication.

The Veteran's degenerative joint disease of left mid-foot and talonavicular joint is rated at a 30 percent since March 2, 2023.