Other conditions decisions — 2023

The Board has determined that a new examination is needed to determine the nature and etiology of the Veteran's bilateral elbow disability, as previous examinations were inadequate. The claims for service connection are being remanded.

The Veteran's prostate condition, including benign prostatic hyperplasia, is being remanded due to a duty to assist error. The Board finds the VA examination inadequate and requires an additional examination to determine the etiology of his prostate condition.

The Veteran's service-connected right lower extremity peripheral nerve impairment does not result in loss of use of the foot, and therefore he is not entitled to special monthly compensation (SMC) based on loss of use of the right foot.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for Guillain-Barre syndrome is remanded due to a duty to assist error and the need for an addendum opinion.

The Board has decided to remand the case due to a duty-to-assist error, and the Veteran's claim for service connection for testicular pain will be reconsidered with a VA examination.

The appellant has withdrawn their appeal, and the Board is dismissing it.

The Board dismissed the appeal for an earlier effective date and a higher disability rating for reactive airway disease as no proper Notice of Disagreement was submitted.

The Board denied service connection for bilateral scapular winging, finding that the condition did not develop during or as a result of active service.

The Board has remanded the claims of service connection for polycythemia vera and a lung condition due to insufficient evidence on record, particularly regarding potential exposure to herbicide agents during service.

The Veteran's prostate condition, including benign prostatic hyperplasia, is being remanded due to a duty to assist error. The Board finds the VA examination inadequate and requires an additional examination to determine the etiology of his prostate condition.

The Board has decided to remand the claim of service connection for essential tremor due to potential exposure to toxic agents during military service, and a VA examination is required.

The appellant withdrew their appeal, and the Board has dismissed it.

The Veteran's appeal for service connection of a permanently damaged epiglottis requiring a feeding tube is dismissed due to his death.

The Veteran and the appellant were legally married for less than one year prior to the Veteran's death. The Board found that they did not enter into a common law marriage or hold themselves out as married, thus failing to meet the criteria for recognition as the surviving spouse for VA purposes.

The Board has determined that the propriety of the creation of an overpayment needs to be clarified before proceeding with the Veteran's waiver claim. The issues include determining why initial withholdings were not forwarded to DoD, why funds were disbursed to the Veteran instead, and why a recoupment was conducted again.

The Board denied the Veteran's challenges to the overpayment creation, amount calculation, and waiver of recoupment. The overpayment was properly created due to the Veteran's failure to notify VA of J.L.D.'s death in a timely manner.

The Board has remanded the case due to a need for additional medical opinions regarding the etiology of the Veteran's lung disability, including exposure to herbicide agents and asbestos. The Veteran submitted evidence suggesting a relationship between COPD and herbicide exposure.

The Board denied the Veteran's claim for service connection for a left leg vascular disability, finding that there was no evidence to support a nexus between his current condition and his military service.

The reduction in the disability ratings for right and left cubital tunnel syndromes from 30% to 10% was improper, and the original ratings are restored.

The Veteran's claim for nonservice-connected (NSC) pension benefits was denied because he did not have qualifying wartime service during the periods recognized by VA.