Other conditions decisions — 2023

The Veteran's appeal is remanded due to the need for a VA genitourinary medical opinion regarding whether his remaining testicle is nonfunctioning. The claim will be readjudicated after obtaining this information.

The Board has determined that the Veteran does not have current residuals of heat stroke, and therefore denied his claim for service connection.

The Board has decided that the case should be returned for further development regarding the Veteran's skin disorder, specifically basal cell carcinoma. The remand includes obtaining additional medical opinions to determine if there is a connection between the Veteran's service and his skin condition.

The Board found that the Veteran's right to receive additional disability compensation with respect to his spouse and stepchildren ceased after their divorce, leading to a reduction in benefits. The overpayment was properly created and is considered a valid debt.

The Board has decided to remand the Veteran's claims for service connection for right leg and hip disorders, which are secondary to his service-connected left knee disability. The decision requires additional development including obtaining private medical records and scheduling a VA examination.

The Board has remanded the case due to an error in failing to address the probative value of the November 2021 VA examination, which linked the Veteran's current right hip disability to his April 1994 injury. The examiner is requested to provide a new opinion on whether it is at least as likely as not that the Veteran's current right hip disability is caused by or otherwise etiologically related to any in-service hip injury.

The Board denied the Veteran's claim for an initial compensable rating for his service-connected convergence insufficiency, finding that it does not present such an exceptional or unusual disability picture due to related factors like marked interference with employment or frequent periods of hospitalization.

The Veteran's appeal for an increased rating for a left latissimus dorsi injury and service connection for dental decay as secondary to adnexal carcinoma of the scalp was denied. The Board found that his current residuals did not meet criteria for higher ratings, and concluded that his dental decay is less likely than not due to radiation treatment for his cancer.

The Board has granted service connection for right and left elbow tendonitis, finding that the Veteran's current conditions are related to his active duty service.

The Board has remanded the case due to insufficient discussion in the July 2022 decision regarding the Veteran's right hip disorder and its relationship to his service-connected bilateral foot disorder. The claim is now being reviewed for a new VA examination.

The Veteran's appeal is being remanded to allow for a paid and due audit regarding the overpayment of VA pension benefits in the amount of $8,563.75, as well as an SOC on the validity of the debt and whether it was properly calculated.

The Board has decided that further development is needed to determine if the appellant can be reimbursed for expenses related to her father's last sickness and burial, as she may qualify for accrued benefits under certain circumstances.

The Veteran's claims for service connection for non-Hodgkin's lymphoma and a compensable rating evaluation for bilateral hearing loss have been denied. The Board found no new and material evidence to reopen the claim for non-Hodgkin's lymphoma, and determined that there was insufficient evidence of in-service exposure or current disability.

The Veteran's non-VA emergency room treatment for heart palpitations and atrial fibrillation on June 20, 2012, is granted as it met the criteria for payment under the Veterans Millennium Health Care and Benefits Act.

The Board has vacated its June 2021 decision granting SMC for the period between April 24, 2012 to July 31, 2012 due to an erroneous finding that the Veteran had a single service-connected disability rated at 100 percent with additional disabilities independently ratable at 60 percent. The Board found that during this period, the Veteran did not meet the criteria for SMC as he only had one service-connected disability rated at 100 percent and no other disabilities independently rated at 60 percent or more.

The Board has remanded the Veteran's claims for service connection for esophageal cancer and peripheral vascular disease due to inadequate VA examination in September 2018. The AOJ is required to obtain a new VA medical opinion regarding the Veteran's theories of service connection, including exposure to jet fuel and chemicals used during maintenance work.

The Board has remanded the cases of service connection for loss of taste and smell, as well as the TDIU claim due to concerns about the adequacy of the medical opinions provided.

The Veteran's BPH was granted a 40 percent rating from February 10, 2020 to December 28, 2021. The maximum rating of 60 percent has already been assigned for the period after that.

The Veteran's claim for an earlier effective date for a 100% rating for multiple recurrent incisional hernias was denied as the evidence did not show an earlier claim by the Veteran.

The Veteran's broken and missing teeth are not service-connected for compensation purposes.,The Veteran's dental disability is service-connected for VA outpatient dental treatment purposes.