Other conditions decisions — 2023

The Board found that the overpayment of Post-9/11 GI Bill educational assistance benefits for the school term from August 25, 2014 to December 12, 2014 was properly created due to the Veteran's withdrawal from all classes. The appeal is denied as a matter of law.

The Board has remanded the issues of service connection for throat cancer, PTSD (including whether a substance abuse disorder is secondary to the PTSD), and entitlement to a compensable rating for tender scar of the left knee. The propriety of reducing the disability rating for tender scar of the left knee from 10 percent to noncompensable effective December 1, 2012, on substitution grounds remains in remand status.

The Veteran's request for a waiver of the overpayment of VA pension benefits in the amount of $72,178.00 was timely filed; to this extent only, the appeal is granted. The validity of the underlying debt must be adjudicated before considering the waiver request.

The Veteran withdrew his appeal for service connection of a right hip disorder, and the Board dismissed the claim.

The Board has denied service connection for hand pain to include nerve damage and right hip pain as the evidence does not show a current disability or establish a relationship with service.

The Veteran's application for VR&E benefits was denied because he is currently employed and does not have an employment handicap resulting from his service-connected disabilities.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected collagenous colitis was an immediate or underlying cause of his death from pancreatic cancer. The appellant seeks service connection for the cause of the Veteran's death.

The Board has granted the appellant's request for an extension of her delimiting date beyond October 4, 2006, for Dependents Educational Assistance (DEA) benefits. The extension is for a period of 10 years.

The Board has determined that the Veteran's cognitive impairment and memory loss, as residuals of a coma, are related to the carelessness or negligence of VA in providing medical treatment during his hospitalization for gallbladder surgery. The decision grants compensation benefits under 38 U.S.C. § 1151.

The Veteran's left hand arthritis with Bouchard node and mallet deformity, as well as right hand arthritis with Bouchard node and mallet deformity, were granted a disability rating of 50 percent from March 13, 2017 to December 7, 2021.

The Board has decided to remand the Veteran's claim for service connection for transient global amnesia, as there is insufficient evidence in the record and a new examination is needed.

The Veteran's appeal for higher initial ratings on residuals of basal cell carcinoma of the left nasolabial groove, including scars, nerve paralysis, and loss of teeth, is being remanded due to discrepancies in examination findings and lack of apparent expertise by the June 2021 examiner.

The Board dismissed the appeals for higher initial disability ratings and earlier effective dates for service-connected temporomandibular joint disorder (TMJ) and maxilla loss, as well as the Veteran's death during the appeal process.

The Veteran's cause of death was sepsis due to pancytopenia and chemotherapy for MDS, which the Board found service-connected based on exposure to herbicide agents. DIC benefits under 38 U.S.C. § 1318 were denied as the Veteran did not meet the durational requirements.

The Board has remanded the case due to the need for additional VA treatment records and the Veteran's private podiatrist records.

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

The Board has denied the Veteran's claims for service connection for left and right foot conditions, finding that there is no evidence of a current disability related to service.

The Board has remanded the case due to an inadequate medical opinion regarding the etiology of the Veteran's non-Hodgkin's lymphoma. A new medical opinion is needed on remand.

The Board has remanded the case for additional development to address whether the Veteran's right hip strain is caused or aggravated by his service-connected low back and/or left hip disabilities, as well as any Gulf War exposure.

The Board has decided to remand the case due to inadequate medical opinion regarding service connection for a right foot disorder. The Veteran's lay statements about continuity of symptoms are considered, and an addendum opinion is needed.