Other conditions decisions — 2023

The Board found the overpayment of $7,409.30 in VA dependency benefits was properly created due to the Veteran's failure to verify her dependents, and thus denied the appeal regarding the validity of the debt.

The decision on eligibility for PCAFC benefits is remanded due to inadequate notification and a pre-decisional duty to assist error.

The Veteran's claim for a waiver of overpayment of VA education benefits is remanded due to incomplete documentation and the need for a formal finding on the validity of the debt. The issue must be referred to the Committee on Waivers and Compromises (COWC) for further development.

Service connection for adenocarcinoma of the distal esophagus is granted under the PACT Act, but direct service connection remains to be determined.

The Veteran's appeal is dismissed due to their death. The Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has dismissed the claims as moot because service connection for the cause of the Veteran's death was granted, providing a greater benefit than DIC under 38 U.S.C. § 1318.

The Board has decided to remand the case due to a lack of substantial compliance with previous remands, and the need for further medical examination.

The Veteran's appeal to reopen his claim of entitlement to service connection for a left inguinal hernia is remanded due to an error in docketing the appeal under the VA Appeals Modernization Act (AMA). The Board finds that waiver of the requirement of a specific form for filing a notice of disagreement must be waived.

The Board has dismissed the claim of service connection for lower back pain as it has been granted and rendered moot. The issue of an initial disability rating in excess of 10 percent for chondromalacia patella of the right knee is remanded.

The Board has remanded the claims of compensation under 38 U.S.C. § 1151 for right arm and right hand disabilities due to a January 2013 surgical procedure, as there were insufficient opinions regarding whether additional disabilities resulted from VA care.

The Veteran's request for a waiver of overpayment of VA pension benefits was denied because it was not filed within the required 180-day period following notification.

The Board has decided that the Veteran's claims of service connection for left and right lower leg pain should be remanded due to insufficient evidence in the current record.

The Board has decided to remand the case due to an audit of VA disability compensation benefits paid and due during FY 2015. The Veteran's claim will be reconsidered with a detailed review of his benefits withholding.

The Veteran's appeals for increased rating and earlier effective date were dismissed due to his death. The Board has no jurisdiction to proceed with the appeal as he passed away during its pendency.

The Board denied service connection for a left foot condition, finding that the evidence does not support a link between the Veteran's current condition and his military service.

The Board has remanded two issues: service connection for the Veteran's pancreatic cancer and service connection for the cause of his death. The remand is due to the need for a medical opinion regarding the etiology of the Veteran's pancreatic cancer.

The Board has remanded the Veteran's claims for hernia residuals and a respiratory disability due to incomplete consideration of his medical history and treatment records.

The Board has remanded the Veteran's claims for acoustic neuroma and tinnitus due to issues with the adequacy of medical opinions provided in previous decisions, specifically regarding the size of the Veteran's acoustic neuroma and its relevance to service connection.

The Veteran is seeking reimbursement for ambulance transportation on May 18, 2014. The claim was initially denied because the treatment occurred at a VA facility and not an emergency room. The Board has decided to remand the case to develop information necessary to adjudicate the claim under 38 U.S.C. § 111.

The Board has remanded the Veteran's claims for service connection for Acute Myelogenous Leukemia with Anemia and MDS due to potential exposure to benzene during his military service at Fort Riley. The case is returned for further development, including obtaining addendum opinions from an ophthalmologist or other physician.