Other conditions decisions — 2023

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA pension benefits in the amount of $81,286.50 due to fault on the part of the Veteran and found that total recovery would not violate principles of equity and good conscience.

Service connection has been granted for tremors, dyspnea, and intermittent dry eyes. These conditions are all considered to be directly related to service.

The Veteran's appeal regarding service connection for neuroendocrine carcinoma of the liver is dismissed due to his death.

The Veteran's request for a rating in excess of 20 percent for his right and left foot disabilities is denied.,An effective date earlier than February 27, 2015, for the ratings assigned to the Veteran's right and left foot disabilities is also denied.

The Board has decided to remand the Veteran's claims for a higher rating for right lower extremity hemiparesis and SMC based on loss of use of his right lower extremity due to hemiparesis. The issues are being remanded because there is insufficient evidence regarding the severity of the Veteran's service-connected condition.

Your appeal for a jaw injury has been dismissed due to the Veteran's death. The Board does not have jurisdiction to proceed with this matter.

The Veteran's claims for service connection for osteonecrosis, hypoxemia, and obesity (also claimed as due to PCOS) have been dismissed. The claim for service connection for amenorrhea (also claimed as due to PCOS), based on new and relevant evidence, has been reopened.,The Veteran's claim for a rating in excess of 10 percent disabling for bilateral pes planus with bilateral planar fasciitis is remanded. The Veteran's claim for service connection for amenorrhea (also claimed as due to PCOS) is also remanded.

The Veteran's appeal was dismissed due to their death before a hearing could be scheduled.

The Veteran's grandchildren, Mal.C. and Mac.C., are not considered his biological children for the purposes of VA dependency benefits due to lack of adoption or other qualifying relationship.

The Board has decided to remand the case due to insufficient evidence regarding the appellant's income and unreimbursed medical expenses, as well as his status as a helpless child. The AOJ is instructed to verify the type and amount of SSA disability benefits received by the appellant and conduct further development to confirm his eligibility for NSC survivor's pension benefits.

The Board has denied service connection for Crohn's disease and the related claim of service connection for resection of the small intestine, finding that there is no evidence to support a link between these conditions and active service.

The Veteran's service-connected disabilities do not render her unable to secure or follow a substantially gainful occupation, and thus the claim for TDIU is denied.

The Veteran's claim for retroactive payment of Post-9/11 GI Bill benefits is denied because the earliest date she could utilize her benefits was one year after her application, and her educational expenses were incurred more than a year before that.

The Board has granted the Veteran's claim of service connection for a lung disability, finding new and material evidence sufficient to reopen the previously denied claim. The Veteran reported exposure to trichloroethylene during his military service which led to respiratory problems.

The Board has decided to remand the case due to insufficient information on the appellant's income and unreimbursed medical expenses. The appellant is required to provide this information for further development.

The Veteran's lichen nitidus and small extratesticular cystic lesion have been granted service connection.,An initial evaluation in excess of 10 percent for the service-connected status post vasectomy with persistent pain syndrome is remanded.

The Board denied service connection for nonalcoholic fatty liver disease, finding no causal link to service or toxic exposure and concluding the Veteran's lay assertions were not competent evidence.

The Board denied the Veteran's requests for earlier effective dates for both the award of service connection and the assignment of a 30 percent rating for left eye disability. The effective date for the award of service connection was determined to be April 19, 2004, which is later than when entitlement arose due to the Veteran not filing an informal claim or written intent to file before that date. For the 30 percent rating, the Board found that entitlement did not arise prior to February 17, 2015, as there was no evidence of a 10/200 visual acuity, concentric contraction of left eye visual field with remaining field of 5 degrees, or diplopia/double vision to central 20 degrees before that date.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's gastritis is proximately due to or aggravated by his service-connected disability and/or medications for that disability. The VA must obtain an addendum opinion addressing these issues.

The Board has remanded the case due to a lack of recent information on the Veteran's income and unreimbursed medical expenses. The Veteran must provide updated information.