Other conditions decisions — 2023

The Board has denied the Veteran's claims for service connection for muscle injuries, specifically pulled hamstrings in both lower extremities. The evidence does not support a current diagnosis of these conditions and there is no causal link to service.

The Veteran's claim for a total disability rating based upon individual unemployability (TDIU) was denied because he failed to submit the necessary information and forms as requested by VA.

The Veteran's appeal of the denial of an apportionment of his VA disability compensation benefits withheld during his incarceration is dismissed because he does not have a personal stake in the outcome.

The Veteran's claims for initial compensable disability ratings for impairment of the external cutaneous nerves in both lower extremities and a TDIU prior to July 31, 2019 are being remanded due to the need for additional VA examinations and consideration of new evidence.

The Board has decided to remand the case for further development and opinion regarding the Veteran's claimed acquired psychiatric disorders, including whether they are related to his service-connected back disability.

The Veteran's grandson is not recognized as a dependent for the purpose of entitlement to Dependency and Indemnity Compensation (DIC), death pension, and/or accrued benefits.

The Board denied the appellant's claim for an effective date prior to March 1, 2017, for the award of DIC because her formal application was received within one year after she indicated intent to file a claim.

The Board has waived the recovery of the overpayment of VA death pension benefits, finding that it would violate principles of equity and good conscience due to financial hardship.

The Board is remanding the case to complete an itemized audit outlining retroactive compensation benefits owed and payments made, to determine if the amounts were correctly calculated and whether the Veteran has been paid in full.

The Board has remanded the claim for an overactive bladder due to conflicting medical opinions and a need for further examination.

The Board has remanded the case due to insufficient evidence regarding the severity of the Veteran's peripheral vascular disease with DVT, which includes blood clots and lymphedema of the left leg. The Veteran is not shown to have separate disabilities of blood clots and lymphedema that are distinct from his service-connected peripheral vascular disease.

The Board has remanded the issue of entitlement to a TDIU prior to March 19, 2015 due to the Veteran not providing a waiver for initial AOJ review.

The Board found that the Veteran's overpayment was properly created due to his felony conviction and incarceration, and denied his challenges.

The Board has remanded the case due to a lack of information regarding the Veteran's employment during the appeal period. The Veteran is required to provide details about his work history and earnings, or face potential denial of TDIU.

The Veteran's claim for an increased rating of his service-connected residuals from a cerebral concussion was denied because he failed to report for a necessary VA examination, and the evidence did not support granting a higher rating.

The Board has reopened the claim of service connection for right ulnar nerve damage and granted it. Service connection is also granted for a disability manifested by abdominal pain, with an effective date of December 9, 2016.

The Board has remanded the cases for further consideration due to insufficient medical evidence and legal standards not being addressed. The Veteran needs new medical examinations to determine if they meet criteria for special monthly compensation (SMC) based on loss of use of a foot, both feet, or both legs; SMC for aid and attendance; and SMC housebound.

The Board has remanded the case due to a failure to address whether the Veteran is entitled to an earlier effective date based on 38 C.F.R. § 3.401 (a) (1).

The Veteran was underpaid in the amounts of upward adjustments based on his dependent school children (C.S.S.-3, E.H.S., and H.E.B.). The Board has ordered a curative reaudit to determine the correct amount due for these months.

The Veteran's claim for service connection of periodontal disease for compensation purposes is denied as the condition does not meet the criteria for such claims.