Other conditions decisions — 2023

The Veteran's appeal for an effective date prior to February 5, 2018 for the award of additional disability compensation based on his dependent spouse, L., is dismissed.

The Board has remanded the case for further development regarding payment or reimbursement of unauthorized medical expenses incurred as a result of medical transportation services provided by Huron Valley Ambulance on March 22, 2008. The AOJ must address whether the Veteran is entitled to such reimbursement.

The Veteran's appeal for automobile and adaptive equipment benefits has been dismissed because the Veteran died during the pendency of the appeal, making it moot.

The appeal for a total disability rating based on individual unemployability due to service-connected disabilities has been dismissed because the Veteran died during the pendency of the appeal.

The Veteran's claim for a higher rating for his right thumb trigger finger and tenosynovitis is remanded due to the need for a new VA examination to assess the current severity of his disability, including any functional impairment.

The Board denied compensation under 38 U.S.C. § 1151 for a rectal perforation with resulting perineal abscess and sepsis, finding that the complications were not proximately caused by VA's carelessness or negligence.

The Board denied the Veteran's claim for service connection for essential tremor, finding that his diagnosis did not qualify as Parkinson's disease and thus could not be presumed due to herbicide exposure. The Board also found no evidence of direct causation.

The Veteran withdrew his appeal before the Board could make a decision.

The Board found that the overpayment of educational assistance benefits under Post-9/11 GI Bill for on-the-job training was due to administrative error and granted the appeal.

The Veteran's death was caused by esophageal cancer, which the VA does not consider to be related to his service or any exposure to herbicide agents. The Board also found that there is no evidence of negligence on the part of the VA in diagnosing and treating the Veteran's esophageal cancer.

The Board denied the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 due to insufficient evidence showing that his right eye disorder was caused by or aggravated by VA treatment, including the December 2015 YAG capsulotomy.

The Board has remanded the case due to additional evidence being generated and not reviewed in the previous Supplemental Statement of the Case. The Veteran requested that his case be returned to the AOJ for review.

The Veteran's claims for higher ratings for right knee disability have been dismissed as the issues are moot due to prior grants of service connection.,The Board has remanded the cases regarding entitlement to a TDIU and rating in excess of 10 percent for right knee degenerative arthritis during the period prior to January 5, 2016, and residuals of right knee total knee arthroplasty.

The Board has determined that additional development is needed to determine the nature and etiology of any musculoskeletal or muscle injuries, as well as their relationship to service-connected disabilities. The Veteran will need a VA examination to address these issues.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected disabilities caused or aggravated his obesity, which in turn may have contributed to his umbilical/abdominal hernia.

The Board has found that there has not been substantial compliance with the most recent remand and additional development is required. Specifically, VA was to request records from treatment provider S.B., but did not do so using the correct street address on Stelton Road.

The Board has remanded the cases of fatigue and atypical chest pain due to inadequate compliance with previous remand directives. The Veteran's service includes deployment to Southwest Asia, which qualifies her for presumptive toxic exposure.

The Veteran's service connection claim for multiple myeloma is granted due to exposure at Camp Lejeune, including MCAS New River. The appeal is successful as the criteria for presumptive service connection are met.

The Board has denied service connection for Female Sexual Dysfunction and remanded the cases of MDD evaluation and TDIU due to service-connected disabilities.

The Board denied the veteran's claim for nonservice-connected pension benefits because he did not have active military service during a period of war, and thus, his claim is denied as a matter of law.