Other conditions decisions — 2023

The Board dismissed the appeal because the appellant requested to withdraw it.

The Board has decided the appeal and has ordered further development due to incomplete records. The appellant's case will be returned for additional investigation.

The Veteran's appeal regarding a timely Notice of Disagreement (NOD) filed with respect to a December 2013 VA decision creating an overpayment of education benefits under the VRAP was denied. The Board found that the NOD was not timely filed within one year from the December 2013 administrative decision.

The Veteran's service-connected left hip strain is not productive of a compensable rating for limitation of extension, impairment of the thigh, or flexion.,The Veteran does not meet the criteria for a TDIU due to his service-connected disabilities.

The Veteran's right hip tendinitis, based on thigh impairment, is currently rated at 10 percent. The ratings for limitation of flexion and extension are both noncompensable.

The Board denied the Veteran's claim for service connection of a prostate disability, finding no current diagnosis and insufficient evidence to establish a link between any past injury or disease in service.

The Veteran's service-connected duodenal ulcer disease and incisional abdominal hernia prevented him from obtaining and retaining substantially gainful employment for the period prior to December 16, 2016. The Board granted a TDIU on an extraschedular basis due to the combined effect of his disabilities.

The Veteran's residuals of a left forearm laceration with causalgia are currently rated as 10 percent disabling, and the Board finds that this rating is appropriate given the mild incomplete paralysis of the ulnar nerve.,The Veteran's left foot hallux valgus and right foot hallux valgus have not been shown to be severe enough to warrant a compensable disability rating.

The Board denied the Veteran's claim for service connection for a liver disease, finding that there is no evidence linking his current liver condition to his active service or to his service-connected coccidioidomycosis. The Board also remanded the matter of assigning a compensable rating for his service-connected coccidioidomycosis.

The case is being remanded to perform a comprehensive audit for FYs 2007-2013 and address the creation of overpayment due to potential sole VA error. The Veteran's claim regarding notification in advance of service will be considered.

The Veteran's claim for an increased evaluation for his service-connected colorectal cancer residuals is being remanded due to the need for a new VA examination.

The Board has granted service connection for radiculopathy of the right lower extremity secondary to a low back disability. The issue of entitlement to service connection for a gallbladder disability is remanded.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for loss of his left leg, below the knee amputation due to a lack of additional disability caused or made worse by VA treatment.

The Veteran's right foot bunion/hallux valgus with arthritis prior to August 31, 2010 resulted in constant pain and pressure.,The Veteran's left foot status-post bunionectomy with hallux valgus and arthritis prior to August 31, 2010 also resulted in constant pain and pressure. From August 31, 2010 onwards, the right foot bunion/hallux valgus with arthritis and left foot status-post bunionectomy with hallux valgus and arthritis both resulted in constant pain, pressure, stiffness, fatigability, weakness, and lack of endurance.

The Veteran's desquamative interstitial pneumonia with fibrosis is granted as service connected due to herbicide exposure, specifically Agent Orange.

The Veteran's appeal is dismissed due to their death. The Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board denied the Veteran's claim for an earlier effective date for nonservice-connected pension benefits because his income exceeded the applicable maximum annual pension rate (MAPR) for a veteran with one dependent prior to March 1, 2014.

The appellant has withdrawn her appeals for benefits related to a child born with spina bifida and birth defects. The appeal is dismissed.

The Veteran's adjustment disorder with anxious and depressed mood is related to his active-duty service, and the Board has granted service connection for this condition.

The Board denied service connection for fatigue and weakness and balance disabilities, finding no evidence of a chronic disability that manifested during or within one year after service.,There is no direct evidence linking the Veteran's current fatigue and weakness and balance symptoms to his military service.