Other conditions decisions — 2023

The Veteran's pension was not properly adjusted based on Social Security Administration (SSA) income because he failed to provide necessary information, and the Board denied his appeal.

The Board has remanded the case due to insufficient information provided by the appellant regarding the Veteran's income, net worth, and unreimbursed medical expenses between January 2015 and April 2016. The VA is instructed to request this information and provide a detailed accounting of the Veteran's pension benefit based on these factors.

The Veteran's claim for an increased rating for a voiding disorder, previously styled as prostatitis, is granted. The Veteran also receives a schedular TDIU rating.

The Board has decided that the Veteran's claim for subjective abdominal pain is remanded due to the need for clarification of the presence of a disability and any nexus such disability may have with service.

The Board has remanded the Veteran's claim for an effective date prior to April 1, 2018, for additional benefits for her dependent spouse. The RO is instructed to obtain and consider all relevant medical records from San Antonio VA Medical Center.

The Board has remanded the cases for consideration of entitlement to a TDIU on an extraschedular basis and because a decision on one issue could significantly impact another.

The Board denied the Veteran's appeal regarding the propriety of VA compensation adjustments and the creation of overpayment debts, totaling $4,933.16, due to his concurrent receipt of pay for drill days in FY 2015 and active duty from January 8, 2016 to December 31, 2016. The Board found that VA was at fault for not promptly terminating the Veteran's compensation benefits when he returned to active duty on January 8, 2016.

The Board denied the Veteran's claim for a total disability rating due to individual unemployability (TDIU) as his service-connected left lower leg lymphedema alone did not prevent him from securing and maintaining substantially gainful employment.

The Veteran's tarsal tunnel syndrome of the bilateral lower extremities was granted initial ratings of 20 percent each prior to January 8, 2020.

The Board denied the claim for benefits under 38 C.F.R. § 3.814 for a child born with spina bifida, finding that the Appellant does not have any form or manifestation of spina bifida.

The Board has decided that the Veteran's claim of entitlement to service connection for ALS should be remanded due to inconsistencies in the medical opinion and need for additional development.

The Veteran's mandible fracture residuals are being remanded for further development and consideration of new evidence.

The Board has remanded the Veteran's claims for service connection due to the enactment of the PACT Act, which requires VA to provide a medical examination and opinion regarding the relationship between the Veteran's respiratory disorder and anemia and his exposure to herbicides and asbestos during active duty. The opinions must consider the synergistic effect of all toxic exposure risk activities.

The Board has decided to remand the claim for a VA examination regarding the nature and etiology of nose bleeds, as they may be related to the Veteran's presumed toxic exposure during service in Saudi Arabia.

Compensation for costochondritis, mitral valve prolapse, dizziness, damaged teeth, and fatigue is denied.,Service connection for urinary tract infection, skin condition, ear infections, and hypoglycemia is denied. The Veteran's claims to reopen service connection for chondromalacia patella of the right knee and allergic rhinitis are granted.

The Board has decided to remand the case due to a discrepancy in overpayment amounts and missing notification letters. The validity of the debt must be determined, and then the COWC will review whether a waiver is appropriate.

The Board denied the Appellant's claim for burial benefits as the Veteran did not meet the criteria under VA regulations, including being in receipt of VA pension or disability compensation at the time of his death.

The Veteran's claim for service connection for bilateral corneal abrasions, hyperopic astigmatism, and simple hyperopia was reopened due to new evidence. The case is remanded for a VA examination to determine the relationship between the current right eye disabilities and the in-service injury.

The Board denied the Veteran's claim for service connection for a right leg disability other than her already service-connected right knee disability due to the lack of any currently diagnosed right leg disability unassociated with the knee.

The Board has found that there was not substantial compliance with the November 2022 remand order and thus the claim must be returned to the VHA for further development, including obtaining income and financial status information from the Veteran.