Other conditions decisions — 2023

The Board has granted a waiver of recovery for the overpayment of VA pension benefits, finding that the Veteran's financial hardship outweighs any fault on his part and against equity and good conscience.

The Veteran withdrew their appeal, and the Board has dismissed it.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Sparrow Hospital on May 15 and 16, 2011, for emergency medical treatment is granted. The Board found that the treatment was for an emergent condition due to severe abdominal pain, which the Veteran reasonably believed would be hazardous to his life if delayed.

The Veteran withdrew his appeal for all issues, including service connection claims for various conditions. As a result, the Board dismissed these claims.

The Veteran's appeals for increased ratings in excess of the current schedular ratings for cold injuries to his hands and ears have been dismissed due to withdrawal by the Veteran.

The Veteran's appeal for additional retroactive payments was denied as the correct amount of retroactive pay has already been awarded to him.

The Board dismissed all the claims including the request for new and material evidence to reopen the claim for service connection for right leg varicose veins, as well as the rating for residuals of right tibia fracture, and the service connection requests for myositis of the left and right legs.

The Board denied the Veteran's claims of service connection for a gastrointestinal condition and a left hand/finger condition, finding that there was no evidence to support direct service connection.

The Board has remanded the claims for service connection for various nerve disorders, finding that further development is needed to determine if these conditions are secondary to the Veteran's service-connected lumbar spine disability.

The Board has determined that further development is needed for the Veteran's claims regarding his right eye disability and right foot disability. The case is being remanded to obtain sufficient examinations and medical opinions.

The Board has remanded the issue of service connection for a bilateral eye disorder, as secondary to the service-connected traumatic brain injury due to incomplete compliance with previous remand directives and need for additional medical opinions.

The Veteran's right foot disorder is granted service connection as it was incurred in the line of duty during active-duty service. The Board also finds that his right hip disorder may be related to service, but an addendum opinion from a VA examiner is needed to clarify this.

The Veteran's claimed conditions, including aspiration pneumonia, loss of balance, genital infection, rash and/or itching, and bladder and bowel control issues, are not considered to be caused by VA treatment or lack thereof. The Board finds that the evidence does not support a finding that these conditions were increased as a result of VA care.

The Board has granted a 30 percent rating for the Veteran's right ulnar nerve disability prior to January 11, 2021, finding that moderate incomplete paralysis of the ulnar nerve in the major upper extremity meets the criteria for this rating.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Lee Memorial Hospital from May 6, 2008 to May 9, 2008 was denied as VA had already authorized payment for the initial emergency treatment and the Veteran could have been safely transferred to a VA facility by that date.

The Board has denied the Veteran's claims for service connection for bilateral tibia stress fractures, finding that there is no evidence of such conditions during or after active service.

The Board has remanded the case for additional development of treatment records from Portsmouth City Jail. The Veteran's appeal is not about service connection.

The Board has remanded the Veteran's claim for service connection for arthritis of his right hand as secondary to his crush of his right ring (4th) finger and service-connected little (5th) finger. The remand requires obtaining an addendum opinion from a clinician regarding whether the Veteran's arthritis is at least as likely as not aggravated by his service-connected little (5th) finger disability.

The Board denied the Veteran's claim for service connection for a psychiatric disorder, finding that there is no evidence of a nexus between her current unspecified schizoaffective disorder and her active military service.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of right foot surgery with loss of the second and third toe is denied because his current disability was due to peripheral arterial disease (PAD) that developed postoperatively, not as a result of VA negligence.