Other conditions decisions — 2023

The Board found that the reduction in Veteran's VA compensation benefits due to incarceration was improper and restored his benefits effective July 14, 2014.

The Veteran's liver disorder, including vitamin B12 deficiency, is found to have started during his military service and the Board grants service connection for this condition.

The Board has remanded the case due to inadequate VA examination, requiring a new one with sufficient detail and reasoning.

The appeals seeking higher initial ratings for the Veteran's service-connected left foot, right lower extremity radiculopathy, and left lower extremity radiculopathy have been dismissed.

The Board has decided to remand the case due to a lack of an audit and consideration of whether the debt is due to administrative error.

The Veteran's hip and thigh disabilities have been granted initial ratings of 10 percent prior to May 2, 2023, and 20 percent from May 2, 2023. The appeals for higher ratings are denied.

The Board has decided to remand the case due to insufficient evidence regarding the appellant's permanent incapacity for self-support prior to attaining age 18, and requests additional information from the appellant.

The Board has remanded the case due to uncertainty about the Veteran's exposure to herbicide agents, specifically in Guam. Additional development is needed to determine if the USS Enterprise was within 12 nautical miles of Guam or its territorial waters during the Veteran's service.

The Board denied service connection for Peripheral Artery Disease (PAD) of both the right and left lower extremities, finding that there was no causal relationship to service or herbicide exposure.

The Veteran's service connection claim for Lyme disease, claimed as joint pain, is granted. The Board found that the evidence was at least in equipoise on whether the Veteran had symptoms of joint pain during service and later diagnosed with Lyme disease.

The Veteran's service-connected right rotator cuff strain was not productive of limitation of motion at the shoulder level prior to August 14, 2015 and in excess of 20 percent thereafter as of that date.

The Board has remanded the case due to procedural defects and the need for additional development of the evidentiary record. The claim for payment or reimbursement for medical expenses incurred from March 28, 2005 through April 6, 2005 is pending.

The Board has determined that the appellant's request for a waiver of recovery of overpayment of VA educational benefits in the amount of $49,131.10 was timely filed and granted. However, further action is required as the issue must be adjudicated by the RO due to the remand.

The Veteran's claim for an earlier effective date of October 7, 2013 for service connection of chronic urticaria is granted. The earliest effective date that may be awarded for the Veteran's service-connected skin condition, to include chronic urticaria, is October 7, 2013.

The Board has remanded the Veteran's claims for a disability rating higher than 10 percent for supraventricular arrhythmia (SVT) prior to October 8, 2014 and a rating higher than 30 percent thereafter, as well as her claim for TDIU. The AOJ is required to obtain additional private medical records from the Veteran's cardiologist and consider all records associated with the claims file since the August 2023 SSOC.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's service-connected bilateral keratoconus disability is being evaluated.

The Board has remanded the claims for service connection, temporary total rating, and TDIU due to incomplete records and lack of an examination. The appellant seeks service connection for cold weather injuries to his hands.

The Board has granted service connection for bruxism as secondary to service-connected major depressive disorder with generalized anxiety disorder and for temporomandibular joint (TMJ) disorder as secondary to service-connected bruxism, both of which began during service due to the Veteran's anxiety.

The Board denied the claim of recognition as the Veteran's surviving spouse for VA benefits purposes, including for the purpose of receiving survivor's pension benefits due to a finding that the Appellant did not live continuously with the Veteran from their marriage in 1973 until his death in 2014.

The Board has remanded the case due to incomplete records and will seek Social Security Administration (SSA) records for further review.