Other conditions decisions — 2023

The Veteran's gastric ulcers and gastritis are found to be at least as likely as not related to in-service symptoms of abdominal pain and gastroenteritis, and the Board grants service connection for these conditions.

The Veteran's appeal for a temporary total evaluation due to treatment for his service-connected right ear condition requiring convalescence is denied. The Board found that the criteria for convalescence were not met as there was no evidence of severe post-operative residuals or prolonged hospitalization.

The Board has determined that the VA compensation benefits apportionment decision needs to be remanded due to non-compliance with contested claims procedures and for further development.

The Veteran's appeal involves disputes regarding the correct payment rate for educational assistance benefits under the Post-9/11 GI Bill. The AOJ has determined that he should have been paid at a higher rate, but there are discrepancies in the records and conflicting information about his qualifying active duty service periods.

The Veteran's claims for service connection for liver cancer and colon cancer have been dismissed due to the death of the appellant during the appeal process.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to their passing. The case will be held in abeyance until the substitution process is completed.

The Board denied the Veteran's claim for service connection of a right ear disability, finding that his hearing impairment did not meet VA criteria for a disability.

The Board has remanded the case due to insufficient examination and opinion regarding the Veteran's cause of death, specifically his lung condition. The examiner must consider all potential exposure through military deployments and provide a rationale for any opinions expressed.

Your initial disability ratings for right and left lower extremity stress fractures have been dismissed.

The veteran's child is not eligible for survivor's pension due to exceeding the maximum annual pension rate.

The Veteran's cause of death, liver cell carcinoma, was not found to be service-connected. The Board determined that there is no evidence linking the Veteran's liver problems to his military service.

The Board denied the Veteran's claims for a rating greater than 10 percent for right foot degenerative joint disease with hallux valgus and calcaneal spur, as well as her request for an effective date prior to May 14, 2018. The Board found that there was no factually ascertainable increase in disability within the one-year period preceding the May 14, 2018 claim.

The Board has remanded the case due to insufficient evidence on whether the Veteran's heart condition, including atrial fibrillation and left anterior fascicular block, is related to his service or herbicide exposure.

The Veteran's appeal for an initial compensable rating for maxilla bone loss with including tooth #8, tooth #9 loss is denied. The TMJ disorder claim is remanded.

The Board has granted payment or reimbursement of medical expenses incurred from January 13, 2017, to January 17, 2017, at Salinas Valley Memorial Hospital due to the Veteran's emergency treatment for a gastrointestinal bleed. The decision is based on the Veteran receiving VA care within the 24-month period preceding his non-VA emergency treatment.

The Board has granted the Veteran's appeal, finding that the overpayment of VA compensation benefits was due to a sole administrative error on the part of the Regional Office (RO), and thus the overpayment should be removed.

The Veteran's benefits were granted for apportionment to the appellant on behalf of their biological child, J.D., due to his failure to reasonably discharge his responsibility for supporting the child during the relevant period.

The Board denied recognition of J.S. as the Veteran's 'child' for additional dependency compensation due to lack of biological, step, or adopted child status.

The Board has remanded the Veteran's claims for service connection for a left elbow disability and dry eye syndrome due to incomplete VA treatment records and inadequate medical opinions.

The Board has decided the Veteran's claim for compensation under 38 U.S.C. § 1151 due to a left-side incisional hernia resulting from a June 2012 robotic prostatectomy, and has ordered further action to verify informed consent documentation.