Other conditions decisions — 2023

The Board has remanded the case due to insufficient evidence regarding how the overpayment of educational assistance benefits was calculated. The Veteran is asked to provide any records related to his program of study and Florida Community College is requested to provide information on his enrollment status.

The Board has denied the Veteran's claims for service connection for right and left hip disorders as secondary to his service-connected degenerative disc disease of the lumbosacral spine due to a lack of current diagnoses. The appeal is now remanded for further examination.

The Veteran's claims for a higher rating for his undiagnosed abdominal disorder and TDIU are being remanded due to the need for additional medical evidence and an updated examination.

The Veteran's claim for service connection for left foot TTS, including tarsal tunnel syndrome (TTS), is being remanded due to the need for a new VA medical opinion.

The Board dismissed the claims for compensation under 38 U.S.C. § 1151 and DIC benefits under 38 U.S.C. § 1151 due to a settlement agreement between the Appellant and VA, which precluded any further action on these claims.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's service-connected disabilities and his hyperhidrosis, including obesity. The examiner is asked to provide an opinion on these issues.

The Board has granted a general apportionment of the Veteran's VA disability compensation benefits to his spouse, V.K., in the amount of the dependency allowance he receives for her. This decision is based on the fact that the Veteran does not contribute financially to his spouse and she resides separately from him.

The Board has determined that the Veteran's preexisting right eye disability did not worsen during his military service, and therefore denied his claim for service connection.

The Board has remanded the claims for service connection for right and left lower extremity neurological disorders due to inconsistencies in the evidence regarding whether the Veteran has these conditions. The VA neurologist will be asked to review the medical records, including treatment reports and VA examinations, to determine if the Veteran has a diagnosed right or left lower extremity neurological disorder and its relationship to Agent Orange exposure or service-connected diabetes mellitus type II.

The Board denied the Veteran's claims for service connection for bilateral elbow disability and vitamin D and calcium deficiency, finding that there was no evidence of a nexus between these conditions and his military service.,The Board also found that the Veteran did not have objective indications of a chronic disability resulting from an illness or combination of illnesses manifested by signs or symptoms to include muscle and joint pain.

The Veteran's claim for special monthly compensation (SMC) based on loss of use of a creative organ is being remanded due to the need for a medical examination to determine if he meets the criteria and whether his condition is related to service.

The Board denied challenges to the overpayment creation and validity, finding that VA had properly paid the Veteran but he failed to verify receipt. The claim for a waiver of recoupment due to financial hardship was also denied.

The Veteran's dysphagia and excess saliva were not unforeseeable events caused by the VA-provided surgery, so he does not qualify for compensation under 38 U.S.C. § 1151.

The Veteran's child is seeking benefits for their birth defects. The appeal has been remanded due to the need to obtain SSA records and non-VA treatment records from Lloyd Nolan Hospital and the University of Alabama Hospital.

The Veteran withdrew his appeal for entitlement to a total disability rating based on individual unemployability (TDIU) as he was already receiving a 100% combined disability rating.

The Board has ordered a remand for the Veteran's claim of a rating in excess of 10 percent for neuritis of the right leg saphenous nerve due to inadequate analysis regarding flare-ups and functional impairment during those periods.

The Veteran's claim for payment or reimbursement of medical services provided at Memorial Hospital of Gardena from July 10 to July 15, 2006 is granted. The care was deemed necessary due to a non-service-connected disability and did not meet the criteria for service connection.

The Board has determined that the appellant's character of service for the period from July 16, 2008 to February 19, 2017 is dishonorable and a bar to VA benefits. The decision is remanded due to the need for additional evidence regarding whether the appellant was insane at the time of his misconduct.

The Board denied compensation under 38 U.S.C. § 1151 for the Veteran's residuals of right parotidectomy, finding that it was not caused by VA medical treatment and thus did not meet the criteria for additional disability.

The Board has remanded the TDIU appeal due to its inextricable connection with a pending low back rating claim. The matter will be reconsidered once the low back rating is finally adjudicated.