Other conditions decisions — 2023

The Board has decided to remand the case due to procedural issues and for full compliance with contested claims procedures.

The Board has decided to remand the Veteran's claim for an independent medical opinion due to inadequate guidance in the previous advisory opinion and failure to provide a copy of the opinion to the Veteran.

The Veteran's claim for service connection for residuals of a head injury has been reopened, and the case is remanded for further development. The right knee strain rating and TDIU claims are also remanded.

The Veteran's claim for service connection for a dental disability, claimed as secondary to a mental disorder causing bruxism, is remanded due to the need for additional medical opinions regarding the etiology of his bruxism and eligibility for VA outpatient treatment.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred from March 19, 2016, to March 25, 2016, is denied because he did not meet the legal requirement of having received VA health care within the preceding 24-month period.

The Veteran withdrew his appeal at a hearing before the Board, resulting in the dismissal of the case.

The Board has determined that there has not been substantial compliance with the remand requests and therefore, this claim must again be remanded for further development.

The Board has decided to remand the case due to inadequate medical opinions and incomplete VA treatment records. The claim for service connection of a gastrointestinal disorder will be reconsidered with new medical opinions and additional development.

The Board denied the Veteran's claim for burial benefits as he was not in receipt of VA compensation or pension at the time of his death, nor did he have a pending claim for such benefits. The decision also noted that there is no evidence indicating the Veteran died while properly admitted to a VA facility or while admitted or traveling to a non-VA facility with prior authorization and at VA expense.

The Board has dismissed the appeal as the full debt of $5,225.28 was waived by the AOJ and no justiciable case or controversy remains.

The Board has remanded the Veteran's claims for service connection for a left eye disability and dizziness due to incomplete examination reports. The case is returned to the Board for further action.

The Board has remanded the case due to insufficient evidence regarding the validity of the debt created under the Post-9/11 GI Bill. The Veteran's enrollment status and attendance records need clarification, as well as further investigation into the basis for the overpayment.

The Board denied the Veteran's claim for service connection for liver disease, finding no evidence to support a nexus between his current condition and military service. The decision also noted that the Veteran is not currently service connected for diabetes, which would preclude secondary service connection.

The Veteran's claims for initial compensable ratings for her service-connected left hip disabilities are being remanded due to the inadequacy of the January 2023 examination. A new examination is needed with an orthopedist who has not previously evaluated her.

The Board denied service connection for exertional myositis and a chronic liver disorder, finding that the Veteran's conditions did not clearly and unmistakably exist prior to service or were aggravated by military service.

The Board denied the Veteran's claim for service connection for a bladder disorder, finding that his condition is not related to his in-service herbicide agent exposure. The evidence did not link his current voiding dysfunction to his toxic exposures in service.

The Board has decided to remand the cases for further examination and development due to the Veteran's reported worsening symptoms.

The Board has remanded the Veteran's claim for VR&E benefits due to procedural issues and concerns about record amendment. The matter will be readjudicated based on all evidence.

The Board denied the appellant's claim for VA death pension benefits due to her deceased husband's dishonorable discharge from military service, and his lack of other qualifying service.

The Board has granted service connection for pain residual to right pectoralis major muscle injury, finding that the Veteran's current disability is related to his active duty service. The decision resolves reasonable doubt in favor of the Veteran.