Other conditions decisions — 2023

The Board found the overpayment of DIC benefits in the amount of $90,728.56 valid and denied the appeal as to its validity. The case is remanded for a new VA Form 5655 Financial Status Report.

The Board has remanded the case due to a communication issue with the Veteran's representative and will need to provide them with all relevant actions.

The appeal was dismissed due to the Veteran's death during the pendency of the appeal.

The claim for a rating greater than 20 percent for service-connected syncope is dismissed. The case of entitlement to individual unemployability is remanded.

The Board has determined that the VA examination in March 2017 was inadequate and remands the case for a new examination to determine if the Veteran's anal fissures are related to service.

The Veteran's appeal for an evaluation in excess of 40 percent for his service-connected back disabilities is denied. The Board found that the evidence did not support a finding of unfavorable ankylosis, intervertebral disc syndrome with incapacitating episodes, or other manifestations required for higher ratings.

The Veteran's appeal for a skin disorder other than the face and scalp was dismissed due to his death during the pendency of the appeal. The Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's claim for service connection for a stomach disability, to include as due to exposure to contaminated water at Camp Lejeune, was reopened and denied. The Board found that new evidence related to the presence of a current stomach disability but did not establish a link between the condition and service.

The Veteran's service-connected foot conditions do not render him unable to secure or follow a substantially gainful occupation prior to November 30, 2017.

The Board has decided to remand the case due to inadequate examination and opinion regarding the Veteran's heart condition, specifically related to exposure to herbicide agents in Thailand and Darvon use during service.

The Veteran's service connection claims for breast cancer and lymphedema are granted. Breast cancer is found to be a reproductive cancer under the PACT Act, and lymphedema is found to be secondary to her service-connected breast cancer.

The Board has decided to remand the cases for further development and clarification from the Veteran regarding his conditions. Specifically, he needs to clarify if he suffers from esophageal cancer or any other esophageal condition, and a VA examination is needed to determine the nature and etiology of any current disability of the esophagus, including as due to exposure to contaminated water at Camp Lejeune. For bilateral stress fractures, a VA examination is also needed to determine if they are related to service, including stress fractures and pain from training during bootcamp.

The appeal was dismissed due to the Veteran's death during the pendency of the appeal.

The Board dismissed the appeal because the appellant withdrew it before a decision was made.

The Board has determined that the Veteran does not have additional musculoskeletal disabilities of the bilateral upper and lower extremities caused by VA care, including medication prescribed from 2001 to 2010. The claim for compensation under 38 U.S.C. § 1151 is denied.

The Board has remanded the case due to issues related to informed consent for sinus surgery, including numbness around left eye, problems with concentration, sleeping, redness, and itching.

The Board dismissed the appeal regarding an overpayment of VA compensation benefits due to active duty pay in FY 2016, as there is no further dispute about whether the Veteran owes a debt.

The appeal seeking an increased rating for service-connected adjustment disorder and an earlier effective date is dismissed due to the appellant's withdrawal of the appeal.

The Board has ordered a remand due to the need for an independent medical expert (IME) opinion regarding whether VA's care was negligent in causing the Veteran's additional disability. The case will be returned to the RO for further development.

The Board has determined that there is equipoise of evidence regarding whether the Veteran's exposure to Agent Orange and water contaminants at Camp Lejeune contributed to his esophageal cancer, which caused his death. Therefore, service connection for the cause of the Veteran's death is granted.