Other conditions decisions — 2023

The Board has remanded the Veteran's claims for a disability evaluation and TDIU due to insufficient examination reports addressing the severity of his service-connected right thigh muscle injury.

The Board has reopened the Veteran's claims for service connection for a skin disorder, sleep disorder, and weight loss due to new evidence. However, further development is needed as the Board cannot address the merits of these claims without additional medical opinions regarding the nature and etiology of any diagnosed conditions.

The Veteran's spinal fusion surgery caused damage to the phrenic nerve, leading to paralysis of his right diaphragm. The Board found that this was not a foreseeable event and granted compensation under 38 U.S.C. § 1151.

The Board is remanding the case to determine if the Veteran has applied for a discharge upgrade from honorable to other than dishonorable conditions.

The Board has decided that the Veteran's spouse, S.C., should be added as a dependent for additional dependency benefits. However, due to an overpayment issue and potential failure of timely reporting his divorce from his former spouse, P.C., the effective date needs to be reconsidered and recalculated.

The Board denied benefits under 38 U.S.C. § 1151 for additional disability resulting from failure to diagnose or treat a neck condition, finding that VA met its standard of care and there was no failure to timely diagnose or provide proper treatment.

The Board has remanded the case due to incomplete authorization forms for obtaining private records, and the need to address whether the appellant received a November 2019 Supplemental Statement of the Case (SSOC).

The Board has remanded the claims for service connection due to new evidence developed by VA. The Veteran's claims will be returned to the AOJ for further consideration.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that amyloidosis was not related to his military service and did not result from exposure to radiation. The evidence showed no treatment or complaints of amyloidosis during service.

The Board has decided to remand the claim for service connection for neurobehavioral effects, which was previously denied due to incomplete records and lack of evidence linking contaminated water exposure at Camp Lejeune. The decision now requires additional development including obtaining missing service personnel and treatment records, as well as private medical records.

The Board found that the Veteran's attributable household income for 2015 exceeded the VA National Means Test threshold, and thus denied his claim for treatment without a copay in the VA healthcare system.

The Board has decided to remand the case due to inadequate medical opinion regarding service connection for SLE, which is related to exposure to burn pits during active duty.

The Veteran's appeal is remanded for the VA to obtain private treatment records and VA treatment records from non-VA providers. The claims for increase in rating and TDIU prior to October 27, 2021 are also remanded.

The Board has remanded the case due to inadequate medical opinion regarding whether the Veteran's current prostate and/or bladder disability, including hematuria and benign prostatic hyperplasia (BPH), is related to his military service. The examiner must address whether the Veteran's currently diagnosed hematuria and BPH are related to his in-service hematuria.

The appeal is dismissed due to the death of the appellant.

The Board has remanded the Veteran's claim for service connection for residuals of meningitis due to incomplete examination and lack of discussion regarding back pain and respiratory issues. Further development is needed.

The Veteran's request for a waiver of overpayment of his nonservice-connected pension benefits was denied because it was not filed within the required 180-day period after notification of the overpayment.

The Board denied the Veteran's claim for service connection for bilateral leg condition, including arthritis and pain, as there is no evidence of a current diagnosis or relationship to service.

The Board has decided to remand the case due to errors in calculating overpayment and apportionment amounts, requiring further investigation by the RO.

The Veteran's claim for a compensable rating for his service-connected splenic infarction is remanded due to the need for updated VA treatment records and a new examination.