Other conditions decisions — 2023

The Board has remanded the case due to an incorrect calculation of the overpayment debt and a request for a VA Form 5655 (Financial Status Report). The appeal is back before the Board after previous remands.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for a heart condition, to include CAD, is remanded due to inadequate medical opinions and the need for additional evidence.

The Veteran's claim for an effective date prior to June 6, 2017, for service connection of lichen sclerosus was denied. The Board found that the earliest possible effective date is the day after separation from her third period of service. The issue of evaluation in excess of 10 percent for lichen sclerosus is remanded.

The Board denied service connection for Rathke's cleft cyst, as it was a congenital condition that clearly and unmistakably preexisted service. The Veteran's other claims were remanded or denied.

The Veteran's claim for service connection for urinary tract infections with acute pyelonephritis is being remanded due to the need for additional medical evaluation and compliance with the PACT Act regarding burn pit exposure.

The Veteran's dermatophytosis, including ingrown toenails and onychomycosis, was granted a compensable rating prior to February 16, 2023. A rating in excess of 10 percent is denied starting from February 16, 2023.

The Veteran's claim for additional compensation payment prior to November 1, 2017 is denied as he is already in receipt of the earliest possible effective date for his service-connected disability compensation benefits.

The Veteran's claim for payment or reimbursement of unauthorized medical services provided on February 2, 2017, at Sparrow Hospital was denied because the treatment was not for a condition requiring immediate medical attention and a VA facility was feasibly available.

The Veteran's spouse, the Appellant, was not recognized as his surviving spouse for VA death benefits purposes because she and the Veteran were legally divorced at the time of the Veteran's death. The Board found that the divorce was caused by the Veteran's misconduct without fault on the part of the Appellant.

The Board has remanded the case due to new evidence being added since the last Supplemental Statement of the Case (SSOC). The Veteran wants the claim to be reviewed by the AOJ first.

The Board has remanded the Veteran's claims for service connection for basal cell carcinoma and actinic keratosis due to inadequate VA examination opinions. The examiner must provide a new opinion addressing whether these conditions are related to active duty, including exposure to contaminated water at Camp Lejeune.

The Veteran's initial disability rating for degenerative spine arthritis from September 26, 2003, to February 6, 2008, is denied as the evidence does not meet the criteria for a higher rating.

The Veteran's claim for a refund of contributions made to the Post-Vietnam Era Veterans' Educational Assistance Program (VEAP) was denied as he had already been refunded his remaining contributions in 2001, and there is no evidence of additional VEAP contributions or entitlement.

The Board has determined that additional development is needed to determine the relationship of the Veteran's tremors in his upper and lower extremities to service, including herbicide exposure. The VA examiner did not provide sufficient opinions regarding these claims.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at a private hospital on December 22, 2017 was denied because VA facilities were feasibly available and an attempt to use them beforehand would have been considered reasonable by a prudent layperson.

The Veteran's claim for service connection for a left foot condition (other than pes planus) is being remanded due to the receipt of new and material evidence. The Board also ordered a VA examination to determine the nature and etiology of his claimed left foot disorder, including whether it was related to service or caused by his service-connected right foot conditions.

The Board has decided to remand the case due to inadequate opinions regarding service connection for nephrolithiasis. The claim will be reviewed again with new medical opinions.

The Board denied service connection for residuals of right testicle enlargement, claimed as hernia requiring surgery and right testicle removal due to the lack of a causal relationship between the current disability and his military service.

The Board has granted service connection for squamous cell cancer, finding that the Veteran's current disability is related to his active service. The claim was reopened due to new and material evidence received since the last final denial in February 1947.

The Veteran's spouse, C.S.B., was added as a dependent to his VA disability compensation award effective August 26, 2008.