Other conditions decisions — 2023

The Board has remanded the TDIU claim due to an error in not considering extraschedular consideration, and it is now referred to the Director of Compensation Service for this purpose.

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

The Board has remanded the case due to insufficient evidence regarding the Veteran's claimed residuals of wisdom teeth extraction, and a new examination is needed to determine if these symptoms are related to his service.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's gynecological disorder and her service, as well as potential exposure to toxic substances during military service.

The Board found that the recoupment of the Veteran's voluntary separation pay was proper and that all amounts have been recouped. The issue regarding the rate of recoupment is moot as the entire amount has already been recouped.

The Board has remanded the case due to incomplete documentation and requests that evidence be addressed upon remand. The issue of service connection for a dental disability is still pending.

The Board has determined that there was not substantial compliance with the prior remand directives regarding the adequacy of the VA examinations and an opinion is needed as to the reasonably raised secondary theory of entitlement. The Veteran's failure to authorize VA to obtain post-service private medical records pertaining to his hip replacement surgeries also requires a new remand.

The Veteran withdrew his appeal for a TDIU due to service-connected disabilities before the Board could make a decision.

The Board has granted service connection for the cause of the Veteran's death and dismissed the issue of entitlement to DIC benefits under 38 U.S.C. § 1151.

The Veteran's memory loss is found to have started during his active duty service and the Board grants service connection for this condition.

The Veteran's claim for a higher rating for post-operative residuals of left epididymectomy (previously claimed as epididymitis) was denied. The Board found that the evidence did not show complete atrophy or recurrent symptomatic infections requiring drainage/frequent hospitalization, and thus a rating in excess of 10 percent is not warranted under DCs 7523 or 7525. SMC based on loss of use of a creative organ was granted.

The Veteran's surviving spouse was due and unpaid accrued benefits prior to her death, but the appellant has been awarded $1,891.50 as reimbursement for the deceased beneficiary's burial expenses that she paid.

The Board has remanded the issue of entitlement to service connection for dizziness, including as due to an additional undiagnosed ear disorder or as caused by or aggravated by his service-connected hearing loss or tinnitus. The case is being returned for further development and opinion.

The Veteran's death was caused by cor pulmonale, which is now presumed to be related to herbicide agent exposure. However, the cause of his hypertension remains unclear and requires further examination.

The Board has decided to remand the cases for further action, including obtaining a new medical opinion regarding the etiology of the Veteran's brain cancer.

The Board denied the Veteran's claim for service connection for head injury residuals, finding that there was no evidence of a documented head injury in service and no chronicity of symptoms from service. The Veteran's current symptoms were attributed to other causes.

The Board has determined that the Veteran and C.L. were legally married at the time of his death, and their continuous cohabitation had not been broken due to an intention by C.L. to desert the Veteran. Therefore, recognition of C.L. as the Veteran's surviving spouse for VA death benefit purposes is granted.

The Board has remanded the case due to issues related to a total disability rating based on individual employability (TDIU) due to service-connected disabilities. The matter is referred to VA's Director of Compensation Service for consideration on an extraschedular basis.

The Veteran's claim for additional VA education benefits is denied as she has already used the maximum allowable amount of benefits under multiple programs.

The Veteran's initial claim for a compensable rating for PVD of the bilateral lower extremities was granted, with an effective date prior to October 16, 2017. The appeal is currently remanded for further clarification and evaluation.