Other conditions decisions — 2023

The Board has remanded the case due to incomplete development and the need for a Supplemental Statement of the Case (SSOC) with all additional evidence.

The Veteran's claim for retroactive CRDP payment from December 9, 2008 to January 1, 2009 is denied as she was not entitled to VA monetary compensation until January 1, 2009.

The Board found that the overpayment of $11,490.90 was due to sole administrative error on VA's part and without the Veteran's knowledge that it was erroneous. The decision is invalid.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed because the Veteran withdrew his claim through his representative.

The Veteran's appeal is remanded due to the need for clarification on his periods of active duty service and their impact on his eligibility for educational assistance under Chapter 33, Title 38, United States Code (known as the Post-9/11 GI Bill).

The Board has found the overpayment of $11,022.16 to be validly created and is now remanding the case for further consideration by the Committee on Waivers and Compromises (COWC).

The Veteran's appeal is being remanded for an updated VA examination to assess the current severity and symptoms of his service-connected right long finger disability, as well as obtaining updated VA treatment records.

The Board denied the Veteran's claim for service connection for Paget's disease, finding that there was no evidence of a nexus between his current condition and his active duty service. The Board also found insufficient evidence to establish a secondary service connection due to his service-connected benign brain tumor.

The appeal was dismissed because the appellant died during the pendency of the case.

The Veteran withdrew her appeal before a decision was made, so the case is dismissed.

The Board has decided to remand the case due to a lack of opinion regarding whether the Veteran's cancer was caused by his exposure to herbicides in Vietnam.

The Veteran's right inguinal ligament strain is rated at 10 percent from September 24, 2012 to December 23, 2022, and 20 percent thereafter. The appeal for a higher rating than 20 percent has been denied.

The Board has reopened the claim for service connection for the residuals of a shrapnel wound to the left lower extremity due to new and material evidence. The case is remanded for further development, including obtaining VA treatment records and arranging for a VA examination.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's duty status during his inguinal hernia surgery in May 1990. The AOJ needs to request additional records from various sources to clarify this issue.

The Veteran's left eye disability, combined with his right eye disability, results in more than seven incapacitating episodes over the course of a year. The Veteran has no more than light perception in his left eye and is unable to work due to frequent transient episodes of blindness in his right eye.

The Board has decided to remand the Veteran's claims for service connection for liver disease, which is claimed as secondary to his service-connected coccidioidomycosis. Additionally, the rating for his service-connected coccidioidomycosis needs to be reconsidered.

The Board has remanded the case for additional development due to inadequate examination reports and the need for a retrospective medical opinion regarding functional loss during flare-ups.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's esophageal cancer was related to his military service, including exposure to asbestos, and whether it was caused or aggravated by his service-connected coronary artery disease.

The Veteran's cause of death, dilated cardiomyopathy with heart failure, is not considered to be related to his service or exposure to herbicides. The Board found the evidence does not support a finding that the Veteran's service-connected bipolar disorder caused or contributed to his death.

The Board has remanded the issues of service connection for left and right lower extremity varicose veins, as these conditions are claimed to be related to service-connected diabetes mellitus type II and herbicide exposure. The Veteran will need new VA examinations to determine if his varicose veins are due to his service or if they were caused by his service-connected disabilities.