Other conditions decisions — 2023

The Board dismissed the appeal as moot because the Appellant's character of discharge has been upgraded to General (under honorable conditions), removing any bar to VA benefits.

The Veteran's right ring finger disability was manifested by an amputation proximal to the PIP joint without metacarpal resection, warranting a 10% rating. The Board denied a higher rating as there was no evidence of more than one-half of the bone lost.

The Veteran's claim for an initial rating higher than 20 percent for rectus diastasis, from April 28, 2014 to the present, is being remanded due to his failure to attend a scheduled VA muscle injuries examination. The case will be rescheduled for a new examination.

The Board has determined that the reduction of a rating for bilateral bronchiectasis with restrictive lung disease from 60 percent to 30 percent, effective June 1, 2018 was improper and restored the original 60 percent rating. The issues of entitlement to an increased rating for bilateral bronchiectasis with restrictive lung disease and TDIU are remanded.

The Board denied service connection for bilateral keratoconus, finding that the condition is a congenital disease and did not preexist service. The evidence does not clearly and unmistakably show that it existed before service.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for right eye vision loss due to cataract surgery, finding that the current condition was not proximately caused by VA carelessness or negligence.

The Board has granted service connection for a right foot disability, finding that the Veteran's pre-existing deformity worsened during service and is now considered a current disability.

The Board found that the Veteran was not legally entitled to Chapter 33 education benefits for the school term from January 9, 2017 to May 2, 2017, in the amounts of $2,867.40, for monthly housing allowance because he had already completed his MBA program by the end of the 2016 fall semester and was not required to take additional courses. As a result, VA benefits were stopped retroactively, creating an overpayment.

Your TDIU claim has been dismissed as the Veteran withdrew his appeal.

The Board has decided to remand the Veteran's claim for a right foot disability, other than pes planus, to include Morton's neuroma due to insufficient medical opinion regarding the nature and etiology of his diagnosed conditions.

The Veteran's appeal to receive a payment rate of educational assistance benefits greater than 90 percent under Chapter 33, Title 38 was denied because he only had 1,063 days of qualifying active duty for Post-9/11 GI Bill purposes.

The Board denied the Veteran's claim for a waiver of overpayment, finding that his challenges to the creation of the overpayment were excluded from this appeal and thus not addressed. The Board also clarified that its legal test proposed by the Veteran's counsel was inconsistent with governing law.

The Board has remanded the case for additional development to obtain service treatment records and VA treatment records, as well as addendum opinions from a medical examiner. The Veteran's claim will be reconsidered based on the new evidence.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to herbicide agents and radiation during service, as well as verification of his temporary duty assignments. The claim for service connection for diffuse B-cell lymphoma remains pending.

The Veteran's dry eye syndrome is granted as secondary to his service-connected PTSD.

The Board has decided that additional information is needed to determine if the Veteran's father, J.B., can be recognized as a dependent parent for VA purposes. The decision is pending further clarification of expenses.

The Veteran's claim for service connection for anemia, claimed as aplastic anemia and other myelodysplastic syndromes is remanded due to the need for clarification on whether he has aplastic anemia and a TERA specific medical opinion.

The Board has not substantially complied with the remand directives from a previous decision regarding the Veteran's claim for TDIU prior to August 2, 2021. The case is being remanded again due to incomplete documentation and lack of consideration of the Veteran's response.

The Board has remanded the Veteran's claims for service connection for gastroenteritis and joint erosion due to insufficient evidence. The Veteran is required to provide clarification on his claim for joint erosion, and a VA examination will be scheduled to address both gastrointestinal and joint issues.

The Veteran's claim for an initial compensable rating for bilateral cerumen impaction prior to February 4, 2023 is being remanded due to the failure of the Veteran to attend scheduled VA examinations and her assertion of additional ear-related conditions. The case will be readjudicated after obtaining a retrospective opinion from an appropriate clinician.