Other conditions decisions — 2023

The Veteran's appeal for payment or reimbursement of non-VA medical services received at Dixie Regional Medical Center from April 18, 2014 to April 26, 2014 is denied as there was no VA medical service within the 24-month period prior to the care.

The Veteran's cause of death was not related to herbicide agent exposure, but service connection for the cause of death is granted due to a current disability (metastatic esophageal carcinoma) and a causal relationship established on a direct basis.

The Board has remanded the claim due to insufficient medical opinions regarding the etiology of the Veteran's right elbow epicondylitis and its relationship to service-connected left elbow lateral epicondylitis.

The Board denied the veteran's claim for survivor's pension due to the Appellant's countable income exceeding the maximum annual pension rate.

The Board denied the Veteran's claim for service connection for a dental disorder, finding that there was no compensable dental disability in this case under VA law.

The Board has remanded the case due to the need for additional development, including obtaining relevant records from SSA and VA, as well as a new medical opinion addressing the Veteran's eye disabilities.

The Board denied the Veteran's claim for an initial rating in excess of 10 percent for anal fissure, finding that his symptoms were characterized by constant slight or occasional moderate leakage and pain. The Board concluded that a higher rating was not warranted based on the evidence provided.

The Board denied the Veteran's appeals regarding the removal of his previous spouse, stepchild, and child as dependents.,Specifically, the decision found that the effective dates for removing these individuals were proper.

The Board has decided to remand the case due to insufficient reasons and basis for the August 2022 denial of the Veteran's claim regarding his pulmonary embolism.

The Board has remanded the case for additional development regarding a separate rating for bladder and bowel disorders, as well as increased ratings for radiculopathy of the lower extremities. The Veteran's service-connected lumbar spine disability is no longer at issue.

The Veteran's claim for earlier effective dates and compensable disability ratings for hammertoes of the right and left feet has been denied. The Board found that the criteria for an earlier effective date prior to April 14, 1992, were not met due to lack of evidence showing a belief in entitlement to service connection within one year of separation from service. For the right foot, the Veteran's hammertoe condition was attributed to his service based on lay statements and VA examination findings. The left foot hammertoes are not considered as there is no evidence of all 5 toes being affected.

The Veteran withdrew his appeal for entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU). The Board dismissed the appeal as it met the criteria for withdrawal.

The Board denied the Veteran's claim for service connection of a left-hand disability, finding that there is no evidence linking her current condition to her military service.

The Board has determined that the Veteran's right foot disability was incurred in service and granted service connection for this condition.

The Board has remanded the issues of service connection for a bilateral eye disability and residuals of a stroke, as these are not fully developed or addressed yet.

The Board has granted service connection for a respiratory condition, secondary to obesity subsequent to the Veteran's service-connected back condition.

The appeal regarding the validity of an overpayment of educational assistance benefits under the Post-9/11 GI Bill (Chapter 33) in the amount of $44,287.95 is dismissed because repayment was subsequently waived by VA.

The Veteran withdrew their appeal before a decision was made, so the case is dismissed.

The Veteran's tonsillar and oropharyngeal cancer is granted as service connected due to exposure at Camp Lejeune.

The Board denied service connection for residuals of testicular cancer, finding that the evidence did not support a link between the condition and active service or exposure to herbicide agents. The Veteran's claim was based on his belief that his testicular cancer was caused by in-service exposures, but the VA medical opinion found no causal relationship.