Other conditions decisions — 2023

The Board has determined that the VA's duty to assist has not been fulfilled, and thus the case is being remanded for further development.

The Board has remanded the case due to inadequate medical opinions and incomplete development of claims for radiation exposure, CBRNE exposure, and PACT Act exposure. The Veteran's gynecological disorder including premature ovarian failure is also under review.

The Board has remanded the case due to inconsistencies in records regarding the validity of a debt for overpayment of VA compensation benefits. The Veteran's spouse, C.L., was added as a dependent spouse based on her eligibility for CHAMPVA benefits effective October 2008.

The Board has remanded the case due to incomplete records and further efforts are needed to rebuild the Veteran's virtual claim file. The issue of entitlement to service connection for the cause of the Veteran's death is pending.

The Board denied the Veteran's claim for service connection for a bunion of the right foot, finding that there was no evidence linking her current condition to her military service.

The Veteran's request for additional VA educational assistance benefits under Chapter 33 (Post-9/11 GI Bill) was denied because he had already used more than the allowed 48 months of combined entitlement from both Chapter 33 and Chapter 31 programs. The Board found that the Veteran could not receive additional benefits as his case did not meet the legal requirements.

The Veteran's right leg length discrepancy is denied as it was not caused by VA carelessness, negligence, or lack of proper skill.

The Board has granted service connection for bilateral hip pain and peripheral vascular disease as secondary to the Veteran's service-connected disabilities.

The Veteran's service-connected stress fractures of the bilateral legs have been granted increased ratings to 30 percent each, effective as of the date of this decision.

The Veteran's appeals for service connection for bilateral leg rash and heart attack as due to exposure at Camp Lejeune have been dismissed because the Veteran withdrew his appeals.

The Board has decided to remand the case due to inadequate medical opinions, and a new VA medical opinion is needed to address whether the Veteran's current spinal disabilities are related to the October 2011 surgery performed at the Houston VA Medical Center.

The Veteran's private hospital, Providence Holy Cross Medical Center (PHCMC), provided medical services to the Veteran on February 13 to February 15, 2005. The claim for reimbursement was denied due to non-receipt of proper billing. PHCMC did not receive adequate notice of the appeal and copies of the Statement of the Case (SOC) and Supplemental Statement of the Case (SSOC).

The Board has remanded the case due to errors in communication and procedural issues, including providing a redacted copy of D.B.'s VA Form 9 to N.F. The hearing for D.B. is also noted.

The Board has granted the Veteran's claim for service connection for an upper respiratory disability, specifically chronic cough, finding that there is sufficient evidence to support this determination.

The Board has determined that the evidence is in approximate balance as to whether lichen planopilaris was incurred in service, and after resolving all doubt in favor of the Veteran, has granted service connection for lichen planopilaris.

The Board denied the Veteran's claim for service connection for morphea, finding that there was no evidence of a nexus between his current condition and his active duty service. The Board noted that the Veteran had an allergic reaction to the anthrax vaccine during service but did not have any visible skin reactions or symptoms related to the vaccine at separation. The Board also found that morphea is not an enumerated disease for presumptive service connection.

The Board has remanded the claims for service connection for right and left leg pain, including radiculopathy of the lower extremities due to inadequate VA opinions. The Veteran's service-connected back disability is not considered a primary cause.

The Board has decided to remand the claim of a compensable disability rating for residuals, shell fragment wounds, right leg (muscle group XIV), due to incomplete development and failure to issue a supplemental statement of the case.

The Veteran withdrew his appeal for service connection for dental trauma, resulting in the dismissal of the case.

The Board has determined that the Veteran's current right thumb condition did not begin during active service or is otherwise related to an in-service injury, event, or disease. The evidence does not show a chronic right thumb condition manifested within one year of separation from service and there is no continuity of symptomatology after service.