Other conditions decisions — 2023

The Board has remanded the claims for bilateral hallux valgus, service connection for a bilateral foot disability including metatarsus varus, and TDIU due to issues with the current evidence of record and need for additional examinations.

The Board denied the Veteran's challenges to the overpayment and waiver of recoupment, finding that his claim for a waiver was untimely due to expiration of the limitations period.

The Board has remanded the case due to ambiguity regarding whether the Veteran had a diagnosis of iron deficiency anemia during the period on appeal. Further development is needed, including a new VA examination and opinion.

The Veteran's currently diagnosed skin disorder, generalized pruritis, is found to have started during his military service and granted service connection.

The Board has decided to remand the case due to incomplete medical records and the need for further examination to determine the current severity of intervertebral disc syndrome (IVDS).

The Veteran's service-connected respiratory disability, which manifested as a post-bronchodilator FEV-1/FVC result of 67 percent, is granted a 30 percent rating from November 23, 2018.

The Veteran's post-operative bone tumor removal, left tibia with bone graft, does not meet the criteria for a rating in excess of 20 percent due to lack of evidence supporting more severe disability manifestations.

The Veteran's neuropathic pain from left cheek cyst removal was not caused by VA carelessness, negligence, or fault. The Board found no evidence to support the claim for compensation under 38 U.S.C. § 1151.

The Board denied the appellant's request for VA benefits due to a voided enlistment based on fraudulent enlistment for concealment of a criminal conviction, which resulted in an undesirable discharge under conditions other than dishonorable. The appellant is not considered a veteran and thus cannot receive VA benefits.

The Veteran's annual clothing allowance for the 2013 calendar year was previously denied, but has since been approved. The appeal is dismissed as moot.

The appeal was dismissed due to the death of the appellant.

The Veteran's TMD with bruxism was not rated in excess of 20 percent from March 29, 2017 to December 18, 2019 and in excess of 30 percent from December 19, 2019. The effective date for the 30 percent rating is set as December 19, 2019.

The Veteran's claim for service connection for a skin condition, including squamous cell carcinoma, has been reopened due to the submission of new and material evidence. The case is remanded for further examination and determination of the etiology of his skin conditions.

The Board has denied the Veteran's claims for service connection for numbness in his left side toes, right side toes, left hand, and right hand as there is no persuasive evidence that these conditions began during active service or are otherwise related to an in-service injury or disease.

The Board has granted a noncompensable disability rating for primary insomnia, finding that it is directly related to service and overlapping with the Veteran's service-connected PTSD.

The Board has remanded the case due to a need for an updated financial status report and referral of the waiver request to the Committee on Waivers and Compromises (COWC).

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 as his right testicular pain following hernia surgery was not caused by VA care, and no fault on VA's part was found.

The Veteran's former spouse, A.T., requested spousal apportionment for the period from June 27, 2018 to December 12, 2018. The previous decision denied her request as she did not have dependent status at that time. The Board has ordered a remand due to incomplete compliance with contested claims procedures and the need for updated financial information.

The Board denied the veteran's claim for refund of contributions made to the Post-Vietnam Era Veterans' Educational Assistance Program (VEAP) due to lack of evidence showing any VEAP contributions were made.

The Board has granted service connection for the cause of the Veteran's death due to presumed exposure to herbicide agents, including Agent Orange. The medical opinion provided supports a link between the Veteran's pancreatic cancer and his in-service herbicide agent exposure.