Other conditions decisions — 2023

The Board found that the overpayment of VA compensation benefits was validly created due to administrative delays, but granted a waiver for the remaining $11,003.00 as it would be against equity and good conscience.

The Veteran's left sternocostal sprain is currently rated at 20 percent, which corresponds to moderate disability of Muscle Group III. The Board finds that the evidence does not support a higher rating as there are no findings consistent with moderately severe or severe muscle injury.

The Veteran's claim for TDIU due to her service-connected peritoneal adhesive disease is remanded as the VA examination did not consider all of her reported symptoms.

The Board has remanded the case due to an undeliverable SSOC, and the Veteran's address needs to be confirmed before further action can be taken.

The Veteran's right elbow and left testicle disabilities have been granted service connection. The Veteran's right testicle disability has not met the criteria for a compensable rating.

The Veteran's claim for increased ratings and TDIU was partially granted. From May 23, 2016, to March 4, 2020, a rating of 30 percent for residuals of right humerus fracture is granted. A total disability rating due to individual unemployability (TDIU) is also granted from May 23, 2016. The Veteran's condition has been characterized by limited range of motion and pain.

The Board denied the Veteran's request for a higher rate in excess of 60 percent for educational assistance benefits under Chapter 33 (Post-9/11 GI Bill) due to his ROTC scholarship obligation, which does not qualify as active duty service. The Veteran's only qualifying active duty service is from September 23, 2011, to July 24, 2012, and he has additional creditable service with the Air Force Reserve that equals at least 12 months but less than 18 months of service.

The Veteran's death was not service-connected, and he did not have any pending claims for VA compensation or pension benefits at the time of his death. Therefore, burial benefits were denied.

The Veteran's cause of death was not related to his active service, and the Board denied service connection for the cause of death.

The Veteran's service-connected chronic right sacroiliac strain is rated at 40 percent, effective April 23, 2013. The Board denied an increased rating for this condition.

The Board has remanded the cases of service connection for a left groin disorder, right hand disorder, and left foot disorder due to insufficient evidence regarding their etiology.

The Board has decided to remand the cases for additional development, including obtaining service treatment records and scheduling a VA examination.

The Board has decided to remand the case due to outstanding VA and private treatment records, as well as verification of herbicide agent exposure during service in Korea.

The Veteran's claim for a waiver of overpayment was denied by the Committee on Waivers and Compromises (COWC) in November 2018. The Board has dismissed the appeal due to procedural defects, but the case is being remanded for the RO to issue an SOC.

The Board denied the appellant's claim for a survivor's pension because her income exceeded the applicable maximum annual pension rate (MAPR). The appellant reported various sources of income and medical expenses, but after accounting for deductible medical expenses, her total income was found to be $17,396.97, which is still above the MAPR.

The Board has remanded the Veteran's claim for a separate rating for lower extremity neurological conditions associated with his service-connected degenerative spine disease due to difficulties in scheduling an examination.

The appeal regarding TDIU prior to April 26, 2017 has been dismissed as the appellant requested withdrawal of the appeal.

The Veteran's chronic B-cell leukemia was not shown in service or for many years thereafter and is not otherwise etiologically related to active-duty service, including as secondary to toxic herbicide exposure. Service connection is denied.

The Veteran's service-connected disabilities have resulted in a combined rating of 100%, qualifying him for Class IV dental treatment. The Board has also found that the Veteran sustained trauma to teeth 7, 8, 9, and 10 during his military service, meeting the requirements for Class II(a) eligibility.

The Board has denied the Veteran's claim for service connection for residuals from multiple abdominal surgeries, finding that there is no evidence to support a link between his current condition and his military service.