Other conditions decisions — 2023

The Board has remanded the case due to non-compliance with its previous instructions regarding a TDIU on an extraschedular basis.

The Veteran's service-connected shell fragment wound (SFW) in the left mastoid process is currently rated at a 10 percent disability rating, effective from November 10, 2020. The Board found that this rating was appropriate based on moderate muscle injury.

The Board has determined that the validity of the overpayment debt must be formally adjudicated by the RO before considering the waiver request. The Veteran's arguments regarding timely notification to VA of his return to active service will be addressed, and a paid and due audit should be provided.

The Board has remanded the claim for service connection for macular degeneration, right eye due to outstanding medical records and further development of the Veteran's claims.

The Board has found that there has not been substantial compliance with its most recent remand directives and therefore, the claims must be remanded again. The Veteran's right eye blepharitis and left eye pseudophakia with vitreous degeneration and incipient right eye cataract service connection claims are being remanded for a VA eye examination to determine the nature and etiology of his right eye blepharitis, as well as the current severity of his service-connected left eye pseudophakia with vitreous degeneration and incipient right eye cataract. The SMC based on the loss of use of both feet claim is being remanded for a VA medical opinion to determine whether the Veteran's service-connected bilateral lower extremity PVD, peripheral neuropathy, and/or inflammatory arthritis results in the loss of use of both feet.

The Board has remanded the Veteran's claims for increased ratings for his service-connected left hip disabilities due to incomplete records and a need for additional examination.

The Board denied the appeal as the appellant's character of discharge from service was a bar to VA benefits due to willful and persistent misconduct, and there is no evidence that he was insane at the time of his misconduct.

The Veteran's claim for service connection for a dental issue, residuals of broken teeth, for compensation purposes is denied. The Board has also remanded the claim for service connection for a dental issue, residuals of broken teeth, for treatment purposes.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for a right forearm/elbow disability, increased ratings for Group VII and VIII muscle strains, due to inadequate VA examinations that did not address the Veteran's lay statements regarding flare-ups.

The Veteran's claims for compensation under 38 U.S.C. § 1151, a compensable disability rating for his service-connected eye disability, and TDIU are being remanded due to the need for additional development of records and medical opinions.

The Board has remanded the claims for service connection for neurological conditions of the upper and lower extremities due to potential issues with substantial compliance regarding the relationship between the Veteran's service-connected back disability and his bilateral upper and lower extremity neuropathy. The SMC claim is also remanded as it is inextricably intertwined with the service connection claims.

The Board denied the Veteran's claim for service connection for a neck condition, finding that the evidence was not persuasive enough to establish that his current neck condition arose during or as a result of his active military service.

The Board denied service connection for a dental disability for compensation purposes, finding that the evidence did not show a compensable dental disability resulting from in-service trauma or bone disease.

The Veteran's primary insomnia is currently rated at 10 percent, and the Board has decided to remand the case for a new examination to assess the current severity of his condition.

The Board dismissed the appeal for medical reimbursement claims due to the appellant's withdrawal request.

Your appeal for service connection for bladder or bowel disability has been dismissed because you withdrew your appeal under the legacy appeals system and opted into the modernized review system.

The Board has remanded the claims for payment or reimbursement of unauthorized medical expenses incurred as a result of treatment at three separate facilities during the period from May 25 to May 26, 2014. The Veteran must provide evidence such as an Explanation of Benefits from his insurance company detailing the amount of unreimbursed medical expenses he has paid and/or still owes (after offset by his third-party coverage) with respect to treatment provided at or by Central Oregon Emergency Physicians, Central Oregon Radiology Associates, and St. Charles Bend Hospital on May 25 and 26, 2014.

The Board has remanded the cases due to incomplete records and a need for a character of discharge determination.

The Veteran requested withdrawal of his appeal for TDIU prior to September 3, 2019. The Board has dismissed the appeal as a result.

The Board has remanded the case due to non-compliance with previous remand instructions and a need for further development regarding the Veteran's exposure to ionizing radiation during service.