Other conditions decisions — 2023

The Board dismissed the appeal because the appellant agreed with VA's withholding of DIC benefits to recoup a RECA payment for the period from May 1, 2014, through April 30, 2019.

The Veteran's claim for service connection for various conditions, including status post bunionectomy of the left great toe and anemic iron deficiency, was granted. The effective date is set at October 16, 2012.

The Board has remanded the case due to confusion regarding the Appellant's service information and the validity of the VADIR report showing active service from June 1, 1954, to May 30, 1962. The AOJ must document whether there is any further available information regarding the Appellant's June 1971 request for education benefits and fully discuss the validity of the VADIR report.

The Veteran's request for Post-9/11 GI Bill education benefits to cover flight training at Sunrise Aviation was denied because he did not have a valid second-class medical certificate on the first day of his training, which is required by VA regulations.

The Board denied compensation for the additional disability of Guillain-Barre syndrome (GBS) as it was not unforeseeable and the risk of GBS after a flu vaccine is well documented in clinical literature.

The Veteran's claims for a higher rating for HIV related illness and TDIU are being remanded due to the need for updated treatment records, a new VA examination, and potential impact on both claims.

The Board has decided to remand the case due to a need for additional medical examination and opinion regarding the Veteran's stomach condition, which may be related to his service-connected acquired psychiatric disorder.

The Veteran's appeal for additional VR&E services and employment assistance was dismissed as moot because the benefits were already granted.

The Veteran's irrevocable election for Post-9/11 GI Bill education benefits in lieu of MGIB benefits with an effective date of June 15, 2011 is upheld. The claim to rescind this election is denied as the law does not allow for such a rescission.

The appellant has withdrawn their appeal, and the Board is dismissing it.

The Board denied the appellant's appeal, finding that his character of discharge was under other than honorable conditions due to willful and persistent misconduct. The decision also noted that he is entitled to health care benefits for any service-connected disability.

The Veteran's claims for earlier effective dates for the grants of service connection for bilateral lower extremity neurological/muscular disabilities are denied. The Board finds that his claims were not filed within one year of his separation from active duty, and thus cannot be granted an earlier effective date.

The Board has determined that a VA examination and medical opinions are needed to determine the nature and etiology of the Veteran's lupus, including whether it is related to in-service herbicide exposure or secondary to service-connected PTSD.

The Board denied service connection for dental trauma as there was no evidence to support the claim that the Veteran's current dental condition was caused by an in-service incident. The VA examiner concluded that the loss of teeth was due to poor oral hygiene and periodontal disease, not a traumatic injury.

The appeal was dismissed due to the appellant's death, and no final decision can be made.

The Board has remanded the cases for further development due to insufficient medical opinions regarding the Veteran's thoracic spine disability prior to May 15, 2013. The TDIU claim is also remanded as it is inextricably intertwined with the rating issue.

The Veteran's gastrointestinal disorder, including lactose intolerance, is not service connected as it did not begin during active service and is unrelated to an in-service injury or disease.,The Veteran's incontinence is considered secondary to his service-connected major depressive disorder (MDD).

The Board has remanded the case for further examination to determine if the Veteran's memory loss is related to his active service.

The Veteran's service-connected gynecological disability from a caesarian section and related conditions are being remanded for further evaluation, including scheduling a VA examination. The TDIU claim is also being remanded due to its inextricably intertwined nature with the increased rating claim.

The Board has granted the Veteran's requests to reopen her claims for service connection for left ear infection with loss of hearing, residuals of left foot bunionectomy, and residuals of cesarean section. The appeals are granted in these cases.