Other conditions decisions — 2023

The Veteran's claim for additional VA educational assistance benefits is denied as he is limited to a maximum of 48 months of total educational benefits, including what can be transferred to his dependents.

The Veteran's appeal for payment or reimbursement of medical expenses incurred on October 1, 2019 has been dismissed as the claim was already approved by TriWest.

The Board denied service connection for bilateral hip pain, finding that the evidence did not support an in-service injury or disease and that there was no credible evidence of worsening hip pain since service.,Secondary service connection was also denied as the opinion relied on post-period-on-appeal evidence.

The appeal seeking payment or reimbursement for the cost of medical services performed on March 26, 2019 by PHI Air Medical (PHI) has been dismissed as the claim was already approved and paid.

The Veteran's appeal regarding service connection for a skin disability and an evaluation higher than 10 percent for his right ankle disability is remanded due to inadequate examination reports. The Board will determine the etiology of any skin disorder and assess the severity of the right ankle disability.

The Veteran's appeal involves the validity of an overpayment of VA compensation benefits in the amount of $12,527.90 and his request to waive recovery of this debt. The Board is remanding these issues for further adjudication.

The Board has granted service connection for Chronic Myeloid Leukemia (CML) and Stage IV Hodgkin's Lymphoma, finding that the conditions are secondary to herbicide exposure at Fort McClellan, Alabama.

The Board has granted the Veteran's claim for service connection for a heart murmur as secondary to his service-connected hypertension.

The Veteran's service-connected cholangiocarcinoma of the liver resulted in a need for regular aid and attendance, leading to the grant of special monthly compensation (SMC) based on this need.

The appeal is dismissed because the March 2023 Legacy NOD was timely filed and a full grant of benefits has already been made.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Veteran withdrew his appeal for a clothing allowance for the calendar year 2022 before the Board could make a decision.

The Veteran's claim for an initial compensable rating for his service-connected hypertensive vascular disease was denied as the evidence did not show that his systolic or diastolic pressure predominantly met the criteria for a higher rating.

The appellant is recognized as the Veteran's surviving spouse for eligibility to VA DIC benefits, despite her remarriage. The appeal is granted.

The Board has dismissed the appeals for total disability based on individual unemployability and eligibility for Dependents' Educational Assistance prior to March 15, 2021 as these issues were already pending before the Board in the legacy system.

The Board has dismissed the appeals regarding initial compensable evaluations for left and right foot DJD as the Veteran withdrew his appeal prior to a decision.

The Board has determined that the issue of service connection for Sjogren's syndrome, as secondary to service-connected fibromyalgia, poses a medical problem of such complexity that an advisory opinion from an independent medical expert is required. The AOJ should follow its established procedures for requesting an advisory opinion.

The Board has decided to remand the case due to insufficient evidence and additional development is needed, including obtaining private treatment records from Dr. E.A., identifying any federal records related to D.D.'s status as an incapacitated child, and obtaining a medical opinion on whether D.D. became permanently incapable of self-support prior to age 18.

The Board denied service connection for right shin splints and left elbow disability as there is no current diagnosis or present disability.

The Veteran's claim for an initial rating in excess of 60 percent for her HSV1 was denied as the available schedular ratings adequately address her disability. The Board found that her daily oral valacyclovir treatment constitutes constant or near-constant systemic therapy, warranting a maximum allowable rating of 60 percent under DC 7820.