Other conditions decisions — 2023

The appeal was dismissed due to the appellant's death, and no service connection issues were addressed.

The Board has decided to remand the case due to issues with the prior VA examination and for obtaining additional private treatment records.

The Board has decided to remand the case due to new evidence submitted by the Veteran, which suggests a possible link between in-service breast nodules and post-service breast cancer. The AOJ must issue a new Supplemental Statement of Case considering this additional information.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 and TDIU due to issues with informed consent and standard of care regarding spinal surgeries, as well as the impact of service-connected disabilities on employment.

The Veteran's appeal for a compensable rating for left varicocele has been dismissed due to his death during the pendency of the appeal.

The Board has decided to remand the case due to inadequate medical opinions regarding whether the Veteran's hypertension aggravated his vision disability. Another remand is required to obtain an adequate opinion.

The Board has remanded the case due to issues with overpayment and pension benefits, requiring additional development of evidence and a detailed accounting.

The Board denied compensation under 38 U.S.C. § 1151 for paresthesias of the left lower extremity as a result of the soft tissue mass excision on the anterolateral left knee at the VA Medical Center in Salisbury, North Carolina on July 2, 2015, finding that there was no additional disability caused by VA's medical treatment.

The Veteran's appeals for a higher rating for sleep related hypoxemia and entitlement to a TDIU have been dismissed due to the withdrawal of these claims by his representative.

The Board has remanded the case due to the failure to issue a Supplemental Statement of the Case (SSOC) after additional medical records were added to the claim file. The Veteran's appeal for restoration of a 60 percent disability rating for urinary incontinence is now pending.

The Board has granted the petition to reopen the claim of service connection for an unspecified trauma and stressor-related disorder, finding that it is related to the Veteran's military service. The decision also grants service connection for this condition.

The Veteran's appeal was dismissed due to their death, and no final decision can be made.

The Board granted a waiver of recovery of the overpayment of VA death benefits, finding that the Appellant was not at fault in creating the debt and that recovery would cause undue financial hardship.

The Board denied a compensable rating for the Veteran's left ear eustachian tube dysfunction, finding that the evidence did not show any other symptoms or functional impairment warranting a separate compensable rating under another Diagnostic Code.

The Board has remanded the case for additional development and medical opinions regarding whether the Veteran's current left foot condition is related to service, specifically wearing ill-fitting boots during service or caused by her service-connected plantar fascitis.

The Board has reopened the Veteran's claim for service connection for pituitary adenoma (now claimed as pituitary macroadenoma tumor) due to new evidence received since the last denial. However, the issue of whether this condition is related to her military service remains unresolved and requires further examination.

The Board found that the overpayment in educational assistance benefits under the Post-9/11 GI Bill was properly created due to the Veteran's involuntary separation from active duty, and thus denied the appeal.

The Board has remanded the case due to new evidence being added to the claims file, and the Veteran did not waive AOJ consideration of this new evidence. The claim for service connection for residuals of a stroke will be reviewed again.

The Veteran's adjustment disorder with mixed anxiety and depressed mood is rated at 70 percent since December 26, 2014. The evidence shows significant impairment in work and social functioning.

The Veteran's right foot hallux valgus is being remanded for a new VA examination to assess the current severity of his condition and for additional occupational rehabilitation records.