Other conditions decisions — 2023

The Board has decided to remand the case due to procedural issues related to contested claims procedures, specifically notifying the former attorney of the content of the VA Form 9 substantive appeal submitted by the Veteran in May 2019.

The Board has decided that service connection for myasthenia gravis should be remanded due to the need for a medical opinion regarding its etiology.

The Board denied the Veteran's claim for service connection for a bilateral vision disability, finding that there is no evidence to support a link between his current vision issues and his military service.

The Board has determined that the evidence is in equipoise as to whether the Veteran's cause of death (colon cancer) was caused by his active service, including exposure to jet fuels and chemical toxins. Therefore, service connection for the cause of the Veteran's death is granted.

The overpayment of $4,194.96 in VA compensation benefits was not properly created due to sole administrative error by the VA, and the appeal is granted.

The Veteran's appeal for increased disability ratings for his service-connected forearm fracture and scars is dismissed as he has expressed satisfaction with the current ratings.

The Board has remanded the claims for increased rating, service connection, and TDIU due to issues with the current evidence of record. The Veteran's heart disabilities need further examination and medical opinions.

The Board has remanded the issue of whether the Veteran's character of discharge for his second period of service is a bar to VA benefits, including health care benefits authorized under Chapter 17 of Title 38, United States Code. The remand requires obtaining missing records from the Army Criminal Investigation Division and Service Department.

The Board granted the appeal as to the timeliness of the substantive appeal received on November 29, 2017 due to extraordinary circumstances beyond the appellant's control.

The Board denied the appeal because the Appellant did not timely file a substantive appeal after receiving the SOC, and there were no circumstances that would warrant equitable tolling.

The Veteran's appeal is remanded due to the need for a VA examination to determine if his alcohol abuse disorder is related to or aggravated by his service-connected bilateral pes planus/plantar fasciitis.

The Board has remanded the case due to non-compliance with previous remands. The Veteran's skin rash is being reviewed again for service connection, including consideration of Agent Orange exposure.

The Board has remanded the case due to inadequate reasons for not addressing whether there was substantial compliance with its earlier June 2021 Remand, which asked for a VA examination to determine if the Veteran's left hip disability worsened from December 2011 until his surgery in February 2014. The Board finds that an adequate VA examination has not been conducted.

The Veteran requested and withdrew his appeal for a TDIU due to service-connected disabilities prior to August 13, 2021.

The Board has granted service connection for Acute Myeloid Leukemia (AML) based on presumed exposure to herbicide agents, specifically Agent Orange, during the Veteran's military service in Vietnam. The private Oncology Consultant provided a highly probative opinion linking the AML to the Veteran's exposure to dioxin from Agent Orange.

The Board has decided that the Veteran's claim for service connection for residuals of a chemical injury to the eyes is denied, and his claim for service connection for residuals of electrical shock, to include decreased motor skills, is remanded for further development.

The Board denied the Veteran's claim for service connection for dry eye syndrome, finding that there was no evidence linking his current condition to his military service.

The Board has decided to remand the case due to non-compliance with previous instructions and a failure to notify the Veteran of missing procedural documents. The claim will be reviewed again after obtaining any relevant medical records from the Veteran.

The Veteran's medical emergency due to a ureteral stone was treated at Albany Medical Center (AMC) on October 15, 2016. The treatment met the criteria for VA payment or reimbursement under 38 U.S.C. § 1725 and related regulations.

The Board has determined that the appellant's discharge from service was due to a minor offense, and his service was otherwise honest, faithful, and meritorious. Therefore, the character of his discharge does not bar him from receiving VA compensation benefits.