Other conditions decisions — 2023

The Board denied the Veteran's appeal regarding the reduction of his VA disability compensation benefits due to incarceration and remanded the issue of waiver of overpayment of VA compensation benefits.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's skin conditions and their relation to service, toxic exposures, and asbestos. The AOJ is instructed to obtain a supplemental opinion that addresses all diagnoses and considers total potential exposure.

The Veteran's tongue cancer is granted service connection due to herbicide exposure, with the presumption of exposure in Vietnam. The claim for secondary service connection based on alcohol abuse is not considered as the primary claim has been granted.

The Veteran's right arm, left arm, right ankle, and left ankle were granted evaluations of 40%, 20%, 20%, and 20% respectively. The Veteran's right hand, left hand, right knee, and left knee were each granted a 10% evaluation for limitation of motion due to arthritis. Degenerative changes in the thoracolumbar spine also warranted a 10% evaluation.

The Veteran's claim for service connection for dry eye syndrome is being remanded due to the uncertainty of his active duty status from January 2004 to July 2004. The Board will need to verify this period and determine if it qualifies as active duty or Active Duty Training (ACDUTRA).

The Veteran's son, R.A.G., is being recognized as a 'helpless child' due to permanent incapacity for self-support prior to reaching age 18. The case is remanded to obtain additional records from SSA and private treatment facilities.

The Veteran's residuals of a chest injury, including symptoms like chest pain and shortness of breath, are considered service-connected due to the evidence showing it was incurred during his active duty.

The Board has remanded the case due to uncertainty regarding the Veteran's qualifying service periods for Post-9/11 GI Bill (Chapter 33) educational benefits. The DoD is requested to clarify whether these periods are considered full-time service in the National Guard.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for loss of use of his left lower extremity due to cervical spine surgeries is denied as the evidence does not support a finding that VA negligence caused or worsened the condition.

The Veteran's claims for neurologic disabilities of the left and right legs, claimed as radiculopathy, are remanded due to a lack of adequate examination. The Board finds that a new VA opinion is needed to address causation and aggravation.

The Board dismissed the Veteran's claim of entitlement to reimbursement for medical care due to insufficient evidence and lack of cooperation from the Veteran.

The Veteran's hysterectomy and related conditions have been granted service connection, effective as of January 19, 2022.

The Veteran's blindness in the right eye was caused by a known risk of cataract surgery, but the VA did not obtain informed consent for the procedure that resulted in the blindness. The Board found that the VA referral to Cascade Surgery Center and subsequent care were not negligent, and that the Veteran's disability was not reasonably foreseeable.

The Veteran withdrew her appeal through her authorized representative before the Board could make a decision.

The Board has decided to remand the case due to inadequate examination and lack of post-service treatment records, requiring a new medical opinion.

The Board has decided to remand the case due to a lack of proper notice for an examination and because additional VA clinical records are needed. The Veteran's memory loss condition is being reviewed again.

The Board has granted a 100 percent rating for the service-connected non-Hodgkin's lymphoma, based on symptoms functionally consistent with chronic fatigue syndrome (CFS), effective March 14, 2017.

The Veteran's cause of death was not caused by a service-connected disability, and the Board finds no evidence to support claims for radiation or herbicide agent exposure. The Board also found insufficient evidence linking the Veteran's amyloidosis and subsequent congestive heart failure and restrictive cardiomyopathy to his in-service asbestos exposure.

The Board has found that there has not been substantial compliance with the remand requests and thus, this claim must again be remanded. The Veteran seeks service connection for a circulatory disability of the right lower extremity, to include varicose veins and peripheral artery disease, which he contends began during active service.

The Board has determined that the Veteran's keratoconus preexisted service and was not aggravated by service, thus denying his claim for service connection.