Other conditions decisions — 2023

The Board has decided to remand the cases for further development due to incomplete medical opinions regarding the Veteran's lymph node and bladder disabilities.

The Veteran's emergency medical treatment at SJHC on June 22, 2017, for vomiting and abdominal discomfort was deemed necessary due to the severity of his condition. The nearest VA facility was over an hour away, making it not feasibly available during the emergency. Therefore, payment or reimbursement for these expenses is granted.

The Veteran's appeal is remanded due to the need for additional VA examinations to assess his service-connected status post left axillary/left subclavian veins blood clot and its associated symptoms, including post-thrombotic syndrome. The current severity of these conditions will be reassessed.

The Board has remanded the Veteran's claims for service connection for nasal congestion and a left scapula condition due to insufficient evidence in their favor.

The Board has decided that the amount of special monthly pension (SMP) benefits awarded for accrued benefit purposes needs to be recalculated based on all submitted medical expenses, and a detailed accounting must be provided.

The Veteran's petition to reopen his claim for service connection of dystonic tremors was granted. The Board has decided that the case should be remanded due to the need for a VA examination.

The Veteran's request for a restoration of the 40 percent disability rating for his service-connected varicose veins of the left lower extremity is granted. The issue of entitlement to a higher rating for this condition is remanded due to lack of proper procedural steps in reducing the rating.

The Board has determined that the Veteran's esophageal cancer is at least as likely as not related to his presumed exposure to herbicide agents during service, and thus grants service connection for this condition on a direct basis for purposes of accrued benefits.

The Board has determined that the overpayment of VA compensation benefits was not properly created due to sole administrative error by VA, and thus dismissed the appeal for waiver of recovery.

The Board has remanded the case due to missing documentation and proof of payment for unauthorized medical treatment provided by Holy Rosary Medical Center on June 4, 2000 and June 5, 2000. The Veteran states he paid $441.74 himself.

The Board has determined that the Veteran's right elbow disability, including residuals from a fracture, was noted at the time of his entrance into service in October 1976 and is presumed to have existed prior to service. However, the VA has not provided clear and unmistakable evidence demonstrating a lack of aggravation during service. The Board finds that the Veteran's right elbow disability did not worsen beyond its natural progression during active service.

The Board denied the Appellant's request to be recognized as the Veteran's surviving spouse for VA survivor benefits due to her divorce from the Veteran, which was not faultless and occurred before his death.

The Board has remanded the case for further development, including obtaining a new medical opinion on service connection issues and considering the Veteran's exposure to herbicides. The appeal is currently in a state of uncertainty regarding these matters.

The Veteran's claim for an increased rating for residuals of left mandible fracture with TMJ dysfunction was denied as the evidence did not support a higher rating under VA regulations.

The Board has granted service connection for pseudophakia, but denied service connection for weak or low vision. The grant is based on secondary service connection due to a lung disability that required the use of inhaled corticosteroids. The denial is because there is no current diagnosis of weak or low vision.

The Veteran withdrew his appeal regarding the apportionment of his disability benefits on behalf of his spouse and child, so the case is dismissed.

The Board has remanded the case due to insufficient development and medical opinions regarding the Veteran's bilateral hip disorder. The case is now pending for further review.

The Veteran's claim for a higher rating for his right knee disability was denied, and the appeal for entitlement to TDIU prior to March 3, 2020, was also denied.

The Veteran's cause of death, colorectal cancer, is not service-connected and there is no evidence that it was caused by exposure to herbicides or any other service-related factors.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) prior to December 6, 2018 is remanded due to the need for additional information regarding an examiner's qualifications.