Other conditions decisions — 2023

The Board has decided to remand the case due to pending issues regarding service connection for a right leg disability and accrued benefits. The Veteran's death is being considered, but there are unresolved questions about when certain medical records were received.

The appeal is dismissed because the Veteran died, making it impossible to apportion his VA benefits.

The Board found that the overpayment of VA compensation benefits was properly created due to concurrent receipt of VA compensation and Chapter 35 DEA benefits for a dependent child. The Veteran's request for waiver of recovery of the overpayment was denied as it would not be against equity and good conscience.

The Board denied the Veteran's request to extend his Post-9/11 GI Bill education benefits delimiting date beyond January 11, 2018, finding no applicable circumstances for an extension.

The Veteran's service-connected Cerebral Vascular Accident (CVA) has rendered him housebound and in need of aid and attendance, but the VA examiners did not differentiate between service-connected and non-service-connected disabilities. The case is remanded for a medical opinion to determine if the Veteran meets the criteria for SMC based on his service-connected disabilities alone.

The Board has remanded the claims for service connection for colon cancer and the cause of death due to VA treatment. The Veteran's in-service herbicide exposure is conceded, but further development is needed to determine if his colon cancer was related to this exposure or if it resulted from a failure on VA's part during treatment.

The Board denied a request for an effective date prior to June 26, 2012, for the award of special monthly pension based on the need for aid and attendance. The Veteran's claim was not supported by earlier nonfinal applications or evidence indicating intent to apply for benefits.

The Board has granted service connection for right and left inguinal hernia disabilities with residual scars, finding that the Veteran's pre-existing condition was aggravated by service.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Board denied the Veteran's claim for service connection for residuals of an eye injury identified as diagnosed cystoid macular edema, finding that the evidence did not support a causal relationship between his current diagnosis and any in-service incident.

The Veteran's Parkinson's Disease and related symptoms are not rated appropriately, and a reassessment is needed to determine the current severity of his conditions.

The Board found the Veteran's testimony credible regarding four stolen VA checks, and thus waived $11,895.44 from his overpayment due to incarceration.

The Board has remanded the case for further action on both the validity of the debt and the waiver of recovery. The debt was recalculated due to miscalculations, reducing it from $28,900.66 to $28,146.19.

The Board has determined that the Veteran's liability for unauthorized non-VA emergency care from July 26, 2013 to August 15, 2013 is not fully extinguished and grants payment or reimbursement of these expenses.

The Board has determined that a medical opinion is necessary to address the Veteran's claims for service connection for left hip osteochondroma and iliopsoas tendonitis, including whether his conditions preexisted service or were aggravated by service. The case is being remanded for further evaluation.

The Veteran's appeal for service connection of a right hip injury with chronic pain has been dismissed due to the death of the Veteran during the pendency of the appeal.

The Board has remanded the case due to a failure to consider a May 2020 VA addendum opinion regarding the Veteran's prostate disability. The matter is now remanded for issuance of an SSOC that explicitly addresses this addendum opinion.

The Veteran's child does not have spina bifida, and the mother is not a Vietnam Veteran. Therefore, benefits under 38 U.S.C. § 1805 and § 1815 are denied.

The Board has granted service connection for anal prolapse as secondary to service-connected Crohn's disease with rectal sparing. The right hand condition issue is remanded.

The Board denied the Veteran's claims for initial compensable disability ratings for service-connected hallux valgus of both great toes, finding that the current severity of his bilateral hallux valgus more nearly approximates a noncompensable rating due to functional loss and pyramiding issues with another service-connected condition (bilateral pes planus).