Other conditions decisions — 2023

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's dental injury and lower jaw pain, including lack of a medical opinion on bone loss and TMJ disorder.

The Board has determined that the overpayment of $1,927.80 was due to a sole administrative error by VA and not because of any fault on the Veteran's part.

The Veteran's claim for an earlier effective date for the addition of his spouse as a dependent to his VA disability award was denied. The Board found that there is no clear evidence to rebut the presumption of regularity regarding the AOJ's actions in regard to receipt and processing of claims.

The Board denied the Veteran's claim for a disability rating in excess of 10 percent for his service-connected anal/perianal fistula with pruritus ani, finding that the evidence did not support a higher rating based on impairment of sphincter control or pruritus ani.

The Veteran's appeal is remanded due to incomplete information regarding his work history, which is needed for a proper evaluation of his claim for TDIU prior to November 16, 2021.

The Board has remanded the Veteran's claims for service connection for left and right hand cold injury residuals due to incomplete opinions in a VA examination, inconsistencies with the examiner's findings, and confusion regarding the propriety of severing service connection for cold injury residuals from his toes. The Board also found that the Veteran's November 2018 NOD was timely as to the proposed severance.

The Veteran's service-connected endometriosis is being remanded for a new VA examination to assess the current level of severity.

The Board has decided to remand the cases for further examination and evaluation due to inadequate previous examinations.

The Board has found that the Appellant's in-service offenses constitute willful and persistent misconduct, which is a bar to VA benefits. The case was remanded for further development due to the appellant raising the issue of insanity.

The Board has remanded the issue of service connection for MRSA due to inadequate response from a VA examiner. The Veteran contends that his MRSA developed during service from contact with other people and sharing equipment.

The appeal is dismissed because the Veteran died, making the apportionment claim moot.

The Board has decided to remand the case due to insufficient reasoning in a previous medical opinion regarding the cause of death, specifically leukemia and chronic systemic malignant mastocytosis. The Veteran's spouse asserts that environmental exposures in Southwest Asia caused these conditions.

The Board denied the Veteran's claim for service connection for a right foot bone spur, finding that there is no current diagnosis of such condition.

The Board has remanded the case due to the failure to issue a Statement of the Case (SOC) for the claim of service connection for a left foot condition.

The Veteran's income for 2016 exceeded the maximum annual rate of VA pension, so he is not eligible for prescriptions without a copay in the VA healthcare system.

The Veteran's appeal for a higher rating for his service-connected CAD is remanded due to allegations of worsening symptoms and the passage of time since his last medical examination.

The Board has remanded the cases due to a lack of VA treatment records from the Veteran's non-VA primary care physician. The Veteran is asked to provide information about his primary care provider and any other providers who treated his service-connected bilateral shin splints.

The Board has remanded the cases due to an apparent discrepancy in when L.C. was added as a dependent spouse and when M.C. was removed from the award, leading to an overpayment calculation error.

The Veteran's claim for a higher rating for his intervertebral disc syndrome with neurological complications is remanded due to the inadequacy of the previous VA examination and the need for additional medical evidence.

The Veteran's right thumb disability is rated at a 20 percent rating, effective as of the date of this decision.