Other conditions decisions — 2023

The Board has remanded the case due to inadequate medical opinion regarding the Veteran's brain tumor, which is presumed to be related to herbicide agent exposure in Vietnam. The VA must obtain a new examination that addresses whether the Veteran's current brain disability, including meningioma, is at least as likely as not related to service.

The Veteran's ADHD is related to service and granted. However, his periodontal disease is not a compensable condition due to its nature as periodontal disease.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for his service-connected status post mild cerebral vascular accident and for TDIU due to incomplete development, including failure to obtain an addendum opinion addressing which symptoms are residuals of his service-connected condition.

The Board has found that there has not been substantial compliance with the May 2023 Board remand and requires further development of the claims for ratings for incomplete paralysis of the radial nerve and ulnar nerve.

The Board has granted service connection for a functional respiratory disability, finding that the Veteran's in-service mediastinal/subcutaneous emphysema caused his current impairment and loss of earning capacity.

The Board has decided to remand the case due to incomplete medical records and the need for a VA examination to determine if the Veteran's scoliosis condition is related to service or her service-connected conditions.

The Board has granted higher initial ratings of 40 percent for right upper extremity essential tremors and 30 percent for left upper extremity essential tremors from March 23, 2016 to June 12, 2017.

The Board has remanded the Veteran's claims for additional development to clarify symptomatology and separate diagnoses related to his right cheek bone disability, as well as to address any associated cranial nerve conditions.

The Board has granted service connection for pancreatic cancer and metastatic liver cancer, both related to exposure at Camp Lejeune. The cause of the Veteran's death is also considered service-connected, thus resolving the DIC benefits claim under 38 U.S.C. § 1310. However, the DIC benefits claim under 38 U.S.C. § 1318 is dismissed as moot.

The Board has decided to remand the case due to procedural issues and requests for additional information regarding child support payments and financial statements.

The Board denied the Veteran's claims for service connection for left lower extremity disabilities, finding that there was no evidence to support a causal link between these conditions and his service-connected right hip ankylosis or any other service-related injury.

The Board has decided to remand the case due to unclear medical findings and need for additional evidence. The Veteran's left hip arthritis is being reviewed again.

The Veteran's atherosclerotic cardiovascular disease, presumed to be caused by herbicide agent exposure during service, was found to be the immediate and underlying cause of his death. DIC benefits are granted based on this finding.

The Board has decided that the Veteran's claim for service connection for gout should be remanded due to new evidence submitted after the May 2019 statement of the case.

The Board found the overpayment of $9,606.62 valid and denied the Veteran's waiver request due to her failure to promptly notify VA of her divorce from F.H., resulting in an overpayment for a period from April 13, 2009, to November 9, 2016.

The Board has determined that the Veteran's current psychiatric disorder, diagnosed as unspecified trauma and stressor-related disorder, is etiologically related to his service in Kuwait. As such, the claim for service connection is granted.

The Veteran did not serve during a recognized period of war, so the surviving spouse is not eligible for nonservice-connected death pension benefits.

The Veteran's achalasia was rated at 30% prior to May 14, 2014 and granted a 50% rating effective from that date. The Board found no evidence of marked impairment of general health warranting a higher rating.

The Board has determined that the reduction in monthly compensation benefits from January 10, 2004 to March 11, 2004 was proper. The reduction from March 12, 2004 to August 6, 2005 was improper and restoration at full rate is granted. Restoration of reduced benefits at one-half the rate from August 7, 2005 is also granted.

The Board has dismissed the Veteran's appeals for service connection for an eye disability and a right thumb disability due to their withdrawal by the Veteran during his hearing.