Other conditions decisions — 2023

The Veteran withdrew his appeal regarding whether new and material evidence has been received to reopen the claim of service connection for an enlarged prostate.

The Board has remanded the case due to inadequate medical opinions regarding the cause of the Veteran's death and its relationship to service-connected conditions. The AOJ is instructed to obtain a new medical opinion addressing these issues.

The Veteran's abdominal muscle disability is related to an incident during his active duty service and is not already service connected. The Board has granted service connection for this condition.

The Veteran's overpayment of VA beneficiary travel payment for August 2017 travel to Lebanon VAMC is waived due to lack of fault on his part and equipoise evidence as to whether the Veteran or VA was more responsible.

The Board has decided that the claim for TDIU prior to August 13, 2009 should be remanded due to new evidence being added to the record since the last SSOC.

The Board has found no explicit indication of bridge installation during service and the Veteran's claim for dental trauma for bridge is remanded due to lack of a VA examination.

The Board has determined that the previous remand directives regarding service connection for mandibular disorder and myofascial pain were not fully complied with. Therefore, another examination is required to determine if these conditions are related to service or secondary to a pre-existing condition.

The Board has denied the Veteran's claim for service connection for arthritis of bilateral hands, finding that there is no evidence to support a nexus between his current condition and his in-service hand injuries. The Board concluded that the Veteran's lay statements regarding ongoing symptoms since service are not credible.

The Board denied service connection for squamous cell cancer of the lungs, finding that it was not incurred in or related to active duty service and did not have a presumptive link due to herbicide exposure.

The Veteran's mandible fracture disability is being remanded for additional development due to recent symptoms and the need for a new examination.

The Board has remanded the case due to a procedural defect in the 'legacy' appeals system, specifically regarding the timeliness and adequacy of the Notice of Disagreement filed by the appellant's attorney in response to the February 2018 decision about an overpayment. The AOJ must issue a Statement of the Case on this matter.

The Board denied service connection for additional loss of teeth as secondary to the service-connected loss of teeth 7, 8, 9, and 10 due to a VA examination finding that the additional tooth loss was more likely caused by caries and periodontal disease.

The Board has remanded the case due to inconsistencies in the Veteran's DD-214 and the need for a formal finding regarding his service in Vietnam. The cause of death is being reviewed based on presumed exposure to herbicide agents.

The Board denied the Veteran's claim for service connection for a right eye disability, including retinal detachment, finding that there was no evidence linking his current condition to his in-service exposure to chemicals. The Board also found that the other conditions affecting his right eye were not related to his service.

The Veteran's appeal for additional dependency compensation for his minor children K.W. and E.W., who are in his custody through a guardianship held by their spouse, was denied as they do not qualify as dependents under VA regulations.

The Board has remanded both issues for further development and adjudication. The cause of the Veteran's death is being remanded to allow the Appellant an opportunity to perfect her appeal, while the loan guaranty benefits claim will be remanded pending issuance of a statement of the case (SOC) on the service connection issue.

The Board has decided to remand the case due to an inadequate medical examination, and a new one must be conducted.

The Veteran's claims for service connection for residuals of mouth trauma and nasopharyngeal carcinoma are remanded due to the need for additional development, including obtaining private treatment records and medical opinions.

The Board has remanded the case due to inadequate development of evidence, including obtaining relevant private and VA treatment records and scheduling a sleep study for the appellant.

The Veteran's skin disabilities affecting his feet, including onychomycosis, ulcer of the right 4th interphalangeal joint, and xerosis, are remanded for further evaluation due to potential service connection based on toxic exposure risk activities during service.