Other conditions decisions — 2023

The Board dismissed the appeal as moot because the claim for a waiver of overpayment debt was granted by the Department of Veterans Affairs (VA), Committee on Waivers and Compromises.

The Board has remanded the case due to issues related to service connection for cause of death, including a need for a new medical opinion and obtaining post-service substance abuse treatment records.

The Board has determined that there was a failure to comply with specialized contested claim procedures and has therefore remanded the case for further action.

The Veteran's claim for service connection for metastatic carcinoid tumor of the small intestine is being remanded due to new evidence received, and a medical opinion is needed to determine if her condition is related to her military service.

The Board has granted service connection for testicular cancer, finding that the Veteran's exposure to perfluoroalkyl and polyfluoralkyl substances (PFAS) during his military service is likely related to his diagnosis.

The Board granted earlier effective dates of June 2, 2015 for the grants of service connection for right hip trochanteric pain syndrome with extension of the thigh limited beyond 5 degrees and left hip trochanteric pain syndrome with painful motion and extension of the thigh limited beyond 5 degrees.,The Board dismissed the Veteran's claims for earlier effective dates for the assignment of a 0 percent rating for right hip trochanteric pain syndrome with painful motion and left hip trochanteric pain syndrome with painful motion and flexion of the thigh beyond 45 degrees.

The Veteran's right hip disability is remanded for a new VA examination to determine the current severity of her condition, including testing and recording range of motion in active motion, passive motion, weight-bearing, and non-weight-bearing. The examiner must also consider whether pain significantly limits functional ability during flare-ups or repetitive use over time.

The Veteran's appeal for a higher rate in excess of 60 percent for Post-9/11 GI Bill benefits was denied. The Veteran had qualifying active service throughout the period of August 2016 to November 2022, but his entitlement did not warrant an additional benefit due to lack of legal authority.

The Veteran's representative opted into the Appeals Modernization Act (AMA) system for earlier effective dates on TDIU, DEA, and SMC based on housebound status. The Board dismissed these Legacy appeals as they are now handled within the AMA system.

The Board has granted the Veteran's claim for service connection for hypertrophic cardiomyopathy, finding that it existed prior to service and was aggravated by military service.

The Veteran's claim for service connection for colon cancer, including as due to herbicide agent exposure, is denied. The VA examiner concluded that the Veteran's colon cancer was not caused by any toxic exposure risk activity and there is no confirmation of its onset during service or a link to service.

The Veteran's service connection claim for testicular cancer is being remanded due to missing service records. The Board requests that the AOJ make additional attempts to obtain these records and notify the Veteran if they cannot be obtained.

The Board has denied benefits for a child born with birth defects under 38 U.S.C. § 1815, but the case is remanded to address the claim for benefits under 38 U.S.C. § 1805 for spina bifida.

Service connection for tinea pedis is dismissed.,Entitlement to reinstatement of the 30 percent rating for service-connected left shoulder strain with rotator cuff tendonitis, which was reduced by the RO in November 2018 on the basis of clear and unmistakable error effective June 25, 2018, is denied.,Service connection for bilateral hearing loss is remanded.,Service connection for tinnitus is remanded.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's TMJ disorder and the need for additional development of her service personnel records.

The Veteran's refractive error and allergic conjunctivitis are not service-connected as secondary to his service-connected diabetes mellitus, type II.,The weight of the evidence is against a finding that the Veteran's refractive error or allergic conjunctivitis were caused or aggravated by his service-connected diabetes mellitus, type II.

The Board has remanded the claims of service connection for urinary and fecal incontinence due to conflicting medical opinions. The Veteran asserts that her incontinence is secondary to her service-connected cervical spine conditions.

The Board has remanded the case due to inadequate medical opinions and new evidence. The Veteran's coccidioidomycosis is being reviewed again for a compensable rating.

The Board denied an overpayment of VA compensation benefits and a request for an earlier effective date for additional dependency compensation, finding that the Veteran's responsibility to notify VA of changes in dependents was not met. The debt created due to retroactive adjustments to his award was deemed proper.

The Board has decided that the Veteran's claims of service connection for right and left foot conditions must be remanded due to inadequate examination findings. The examiner needs to provide a new opinion on whether these conditions are related to service.