Other conditions decisions — 2023

The Veteran's esophageal cancer is being remanded for a VA medical opinion to consider his exposure to TCE cleaning agents during service at Camp Lejeune.

The Veteran's appeal is being remanded for a traumatic brain injury examination to assess his competency in handling VA funds, and for further development of evidence regarding his social, economic, and industrial adjustment.

The Veteran's service connection claims for residuals of right and left leg stress fractures have been granted. The Board has also remanded the issues regarding entitlement to increased ratings for a right knee disorder and TDIU.

The Board has found that VA has not fulfilled its obligations under the contested claims procedures and requires another remand to ensure full compliance with these procedures.

The Veteran's initial disability rating for myoglobinuria with rhabdomyolysis was granted at 20 percent, but the Court vacated this decision and ordered a remand due to inadequate medical opinion regarding aggravation of urinary retention.

Service connection for colon cancer is granted on a presumptive basis related to PGW service under the PACT Act. Service connection for a GI disorder is remanded due to insufficient rationale in previous VA medical opinions and new examination requirements.

The Board denied the Veteran's claims for service connection for neurogenic bowel disorder and TDIU prior to July 18, 2018. The evidence did not support a current diagnosis of bowel incontinence or any other condition related to his lumbar spine disability.

The Board denied a compensable rating for the Veteran's service-connected spinal meningitis, finding that there are no ascertainable residuals of the condition.

The Board has remanded the claims for an initial rating in excess of 70 percent for other specified trauma and stressor disorder, as well as the claim for TDIU. The AOJ must consider additional evidence since the October 2019 statement of the case and provide the Veteran with a VA Form 21-8940 to complete his employment information.

The Board has determined that the termination of VA compensation benefits due to fugitive felon status was improper and restored the benefits effective December 6, 2017.

The Board has decided to remand the case due to the need for additional evidentiary development regarding the Veteran's claim of adding his current spouse as a dependent.

The Board denied an increased rating for cataracts, finding that the evidence did not establish a worsening of vision impairment.

The Board has remanded the claims for an initial compensable rating for service-connected right hand fractures and earlier effective date, as there is insufficient evidence to determine if a higher rating or earlier effective date is warranted.

The Board has remanded the case due to issues related to whether the overpayment was properly created and if a waiver of recovery is appropriate. The Veteran needs to provide an updated financial status report, and both creation and waiver issues need to be reconsidered.

The Board has remanded the case due to incomplete neurological testing and to determine if the Veteran's memory loss is fully explained by his service-connected PTSD. If not, further neurological testing will be conducted.

The Veteran's lumbar spine disability and associated radiculopathy are being remanded for a new VA examination to assess the current severity of his condition.

The Board dismissed the appeal of the validity of the overpayment debt, finding that recovery would be against equity and good conscience. The case was remanded to consider the creation of the debt, but all debts have now been waived.

The Board has decided to remand the case due to insufficient rationale in a previous VA medical opinion regarding the aggravation of the left eye disability by the service-connected right eye disability.

The Board has determined that the overpayment of VA pension benefits was properly created and that recovery would be against equity and good conscience. The Veteran's appeal for a waiver of the overpayment is granted.

The Veteran's appeal regarding the validity of a retroactive termination of his spousal allowance for S. has been dismissed as he withdrew his appeal before the Board could make a decision.