Other conditions decisions — 2023

The Board has determined that the procedural steps for a contested claim have not been completed, and thus the case is remanded to ensure compliance with special procedural regulations.

The Veteran's claim for increased ratings was denied as her right hip and thigh disabilities do not meet the criteria for a disability rating in excess of 10 percent, or for compensable ratings under DCs 5252 and 5253.

The Board has decided that the propriety of reducing compensation benefits from January 17, 2010 due to incarceration is remanded. The case must be returned for a new Supplemental Statement of the Case (SSOC) after considering all newly received evidence.

The Board has determined that the Veteran's nasopalatine duct cyst above tooth number 8, and its residuals, had an in-service onset. As a result, service connection for this condition is granted.

The Board has remanded the case due to inadequate rationale in previous VA medical opinions and a need for a new examination. The Veteran's bilateral leg disability is being reviewed again.

The Veteran has withdrawn his appeals for increased ratings for HIV related illness and a total disability rating based upon individual unemployability due to service-connected disability (TDIU). The Board finds that the withdrawal constitutes a valid dismissal of these claims.

The Board denied service connection for a benign skin neoplasm and lung disability as there is no evidence of current disabilities, and the Veteran did not provide good cause for failing to appear for VA examinations.

The Veteran's congestive heart failure required immediate treatment at a non-VA facility, but VA facilities were not available during the period in question. The case is remanded to clarify whether any beds were available at an appropriate VA facility.

The Board has granted the appeal, finding that there was no valid overpayment and dismissing the claim for a waiver of recovery.

The Veteran withdrew his appeals for service connection of right eye and left eye disorders.

The Board has remanded the claim of service connection for breathing problems due to insufficient examination and lack of substantial compliance with prior remands. The Veteran needs a VA examination to determine if he has any respiratory disability or symptoms, and whether such is related to his military service.

The Board has determined that the Veteran's currently diagnosed generalized abdominal pain is attributable to her active service, and thus grants entitlement to service connection for this condition.

The Veteran's TDIU claim is denied because they are not service-connected for any disabilities.

The Board has determined that the reduction in disability evaluation for left fourth toe fracture from 30 percent to 10 percent effective March 1, 2018 was improper and is void ab initio.

The Veteran's claims for service connection for right and left hip bursitis have been reopened due to the submission of new and material evidence. The conditions are found to be aggravated by his service-connected knee disabilities.,Service connection has been granted for both right and left hip bursitis, with the aggravation being secondary to the Veteran's service-connected knee disabilities.

The Board has found the Veteran's appeal of not recognizing M. as his dependent spouse is valid, but a Statement of the Case (SOC) has not been issued yet. The case is being remanded to issue an SOC and allow the Veteran time to perfect an appeal.

The Board found that the overpayment of VA dependency compensation for the Veteran's dependent child in school was not properly created due to administrative error by VA, and granted the appeal.

The Veteran's hairy cell leukemia is remanded due to the need for a VA examination to determine if it is related to service, including any potential exposure to herbicides. The examiner should consider all relevant factors and provide an opinion on causation.

The Board has remanded the case due to inadequate medical opinions and a need for an addendum opinion regarding the etiology of celiac disease, including whether it is related to service or any service-connected conditions.

The Veteran's right hand fracture disability is rated at a 10 percent rating, effective as of the date of this decision.,The Board denied entitlement to TDIU due to the Veteran's service-connected disabilities not meeting the criteria for schedular consideration.