Other conditions decisions — 2023

The Veteran's claim for a compensable rating for ankylosis of the right elbow prior to May 12, 2021 is denied. The claim for TDIU prior to August 1, 2011 is also denied.

The Veteran's appeal has been dismissed because the appellant withdrew all issues on appeal in a November 2022 letter.

The Board has decided to remand the Veteran's claim for service connection of bilateral restless leg syndrome due to a lack of an adequate medical opinion regarding herbicide agent exposure and the onset of symptoms.

The Veteran's ratings for adjustment disorder with depressed mood and bilateral pes planus and plantar fasciitis were improperly reduced, and the original ratings are restored.

The Board has decided that further development and clarification are necessary to adjudicate the overpayment issue, including obtaining information from the educational institution regarding the Appellant's enrollment status during the period in question. The case is being remanded for these purposes.

The Board has remanded the case due to inconsistencies in the appellant's testimony and medical records regarding the onset of Alzheimer's disease. The Veteran is presumed exposed to environmental toxins while deployed in Iraq in 2003, but a new examination opinion is needed to determine if this exposure caused or contributed to her Alzheimer's disease.

The Veteran's service-connected residuals of abdominal rectus muscle excision is rated as 10 percent disabling, and the Board denied a higher rating based on the lack of findings supporting a moderately severe disability.

The Board has remanded the case due to a lack of relevant VA and private treatment records, which could potentially help determine if the Veteran's right ear disability is related to his military service.

The Board has decided to remand the case due to unclear pension payments and overpayments. The AOJ needs to provide an accounting of all nonservice-connected pension payments made since October 2017, including any amounts withheld.

The Veteran's claim for service connection for CLL was granted on August 10, 2022 due to exposure to herbicides in Thailand. The Board found that the Veteran had been exposed to herbicide agents during his service at Korat RTAFB and thus meets the criteria for presumptive service connection under the PACT Act. An earlier effective date of April 8, 2016 is granted as this was the date of the Veteran's intent to file a claim.

The Board has decided that the AOJ did not have a complete record to determine if it had jurisdiction over the appellant's claim for payment of medical expenses. The decision is remanded to allow the AOJ to obtain and associate all relevant notices, adjudicatory documents, and evidence considered in connection with the claims on appeal.

The Board has granted a waiver of recovery for the overpayment of VA pension benefits, finding that it would be against equity and good conscience to recover the debt due to financial hardship.

The Veteran's appeal for an increased disability evaluation for her service-connected lower back strain has been withdrawn by the appellant, resulting in the dismissal of this claim.

The Board has decided to remand the case due to incomplete file, legally inadequate notification of decision, and pre-decisional duty to assist error. The CEAT's medical review is also found to be legally inadequate.

The Board dismissed the appeal because the appellant withdrew it in October 2023.

The Veteran's death has made the appeal for apportionment of VA benefits moot, as no current benefit is being paid to him. The case is dismissed.

The Veteran's appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The appeal was dismissed due to the appellant's death, and no one has filed a request for substitution.

The Board has remanded the case due to a missing prior authorization for medical care provided on February 10, 2020. The AOJ is instructed to associate all relevant notices, adjudicatory documents, and evidence with the electronic claim file.

The Board has granted service connection for left and right hip disorders on a secondary basis, finding that the Veteran's current hip disorders are related to his service-connected pes planus and left knee degenerative joint disease.