Other conditions decisions — 2023

The Board denied the appellant's claim for higher pension rates prior to November 1, 2018 and from November 1, 2018 due to her income exceeding the maximum annual pension rate.

The Board denied the appeal as the VA Regional Office (RO) correctly recouped $13,299.62 in severance pay that was erroneously sent to the Veteran in October 2018.

The Board has decided to remand the case due to the need for a new VA examination to assess the current severity of the Veteran's service-connected right great toe disability, including any neurological complications.

The Veteran's claim for a higher rating for thrombosis, TIA, or cerebral infarction is being remanded due to the need for additional development including scheduling of a VA examination and obtaining outstanding VA treatment records.

The Veteran's claim for reimbursement of medical expenses incurred on November 11, 2014, at Sharon Regional Hospital was denied because the initial claims were not filed within the required 90-day deadline after discharge from the facility.

The Veteran's arthritis, hallux valgus, and corns and calluses of the right foot are granted service connection as they are related to his service-connected right foot disabilities. The issue of plantar fasciitis is remanded. Service connection for a disability of the left foot including pes cavus, hallux valgus, arthritis, and corns and calluses is denied.

The Board denied the Veteran's claim for service connection for a dental condition, finding that there is no current disability and thus not meeting one of the elements required for service connection.

The Veteran's skin disorder, diagnosed as hyperpigmentation, is found to be related to his service-connected diabetes mellitus and thus granted service connection.

The Board denied the Veteran's claim for service connection for a respiratory disability, finding that there was not a nexus between his current respiratory disability and his active service.

The Board has remanded the case due to insufficient explanation of whether the Veteran's lipomas are part of a medically unexplained chronic multi-symptom illness, and for clarification on the relationship between the lipomas and active service.

The Board has granted the Veteran's claim for service connection for Dupuytren's contracture, finding that it is proximately due to his service-connected diabetes. The evidence is in equipoise as to whether the Veteran's Dupuytren's contracture is caused by his service-connected diabetes.

The Board has decided that the change in the Veteran's Means Test eligibility category from copay exempt to prescription copay required for income year 2016 was not proper and has remanded the matter for further action.

The Veteran's service-connected right leg amputation has rendered him unable to secure or maintain substantially gainful employment, and he is granted a TDIU. Additionally, the Veteran is granted eligibility for specially adapted housing (SAH) due to his service-connected condition. However, he is denied eligibility for a special home adaptation (SHA) grant as SAH precludes a separate SHA grant.

The Board has remanded the case due to incomplete reasoning in a previous VA examination, and another addendum opinion is needed to address the Veteran's claims for service connection of his bilateral foot condition.

The Veteran's separation pay of $23,811.16 is to be recouped from his VA disability compensation due to the provisions in 10 U.S.C. § 1212 and 38 C.F.R. § 3.700(a)(3). The Veteran disputes the amount owed, as he only received $17,000 of his separation pay. The Board finds a remand is warranted for an audit to determine the full amount due and for notice on hardship waivers and payment plans.

The Veteran's HIV/AIDS rating is being remanded due to the possibility of worsening and progression of the disease pattern.

The Board has remanded the claims for service connection for left and right hip disabilities, as well as TDIU prior to March 28, 2019, due to inadequate medical opinions regarding aggravation of these conditions by the service-connected left knee condition. The Veteran's bilateral hip disabilities are currently being evaluated.

The Board has determined that the VA medical opinion obtained is inadequate and requires an addendum opinion. The Veteran's claim for service connection for ligation residuals and reimplantation of aberrant right subclavian artery (other than GERD with dyspepsia, hiatal hernia, IBS, sleep disturbance, and fundoplication) is remanded for further development.

The Board found no evidence of herbicide agent exposure in Panama or Vietnam, and thus denied service connection for the Veteran's mantle cell lymphoma.

The Veteran's left foot arthritis is granted as service connected, with the Board finding continuity of symptomatology since her service and a nexus to service.