Other conditions decisions — 2023

The Board has determined that a $200 apportionment of the Veteran's VA benefits to the Appellant on behalf of J.D. and K.D., prior to reaching age 18, is appropriate due to financial hardship.

The Board has remanded the case due to missing VA treatment records, including radiology reports. The AOJ needs to obtain these records and associate them with the claims file.

The Veteran's lumbar disability was granted an effective date of November 16, 2016 for a 40 percent rating. The appeal for a higher rating is denied.

The Veteran's bone spurs of the right foot are granted as secondary to his service-connected hallux valgus. The TDIU claim is remanded for readjudication.

The Board denied service connection for dental trauma as the evidence did not show that the Veteran incurred any in-service dental trauma, and the loss of teeth was due to periodontal disease rather than trauma.

The Board has decided to remand the case due to insufficient information about the Veteran's eye conditions and their relationship to service. A new VA examination is needed to clarify these issues.

The Veteran's sleeping disorder, including insomnia, is caused by his service-connected acquired psychiatric disorder and has been granted service connection on a secondary basis.

The Board denied the Veteran's claim for service connection for a jawbone and dental disorder, finding that the condition clearly and unmistakably pre-existed his active service and was not aggravated during service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's right ear disability, including a perforated tympanic membrane. The VA will attempt to have correctional facility personnel conduct an examination or obtain a new VA examination if necessary.

The Board denied the Veteran's claim for an earlier effective date of May 25, 2018, for a total rating for compensation purposes based on individual unemployability due to service-connected disabilities (TDIU). The decision found that no new and material evidence was received within one year of the March 2016 denial of TDIU.

The Veteran's request for a waiver of an overpayment of VA compensation benefits was denied in full. The remaining amount, $83,236.96, is now remanded to the AOJ for further action.

The Board has decided to remand the case due to incomplete records and requests for additional information. The Veteran's TDIU claim will be reconsidered after obtaining all requested records.

The Board has remanded the case due to missing educational records and insufficient compliance with previous remand directives. The AOJ is instructed to conduct a search for the Veteran's VA records using his claims file number and social security number, including contacting the National Personnel Records Center.

The Board is remanding the case to determine the specific portion of the bill from YRuma Regional Medical Center that was a copayment, deductible, coinsurance, or other medical expense. The Veteran's representative will be asked to resubmit the VA Form 21-22 Appointment of Veterans Service Organization of Claimant's Representative.

The VA healthcare system changed the Veteran's eligibility category for copayments from exempt to required due to his income exceeding the means test threshold. The appeal is denied as the Veteran's income did not meet the criteria for treatment without copay.

The Veteran's service connection for a disability manifested by vomiting, to include as a qualifying chronic disability under 38 C.F.R. § 3.317, is granted.

The Board denied the Veteran's claim for service connection for food poisoning, finding that there is no nexus between his current gastrointestinal symptoms and his in-service gastroenteritis or food poisoning.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) is dismissed due to the death of the appellant.

The Veteran's claim for an initial disability rating in excess of 30 percent for endometriosis, including pelvic floor tension myalgias and pelvic wall adhesions status post laparoscopy (endometriosis), is being remanded due to the need for a new VA examination.

The appellant is not eligible for accrued benefits as he does not qualify as a child for VA purposes and the record does not establish that he bore the expenses of last sickness or burial.