Other conditions decisions — 2023

The Board has decided to remand the case due to a pre-decisional duty to assist error and will address whether the overpayment was properly created, including if it was due to sole administrative error.

The Veteran's claim for TDIU is remanded due to a duty to assist error and the need to obtain SSA disability benefits records.

The Board denied the appellant's claim for VA survivor's benefits, including DIC, survivor's pension, and accrued benefits due to insufficient evidence of the Veteran's death.

The Board has remanded the claims of entitlement to eligibility for VA educational assistance benefits under Chapter 1606 and Chapter 33, as the AOJ did not provide adequate notice in its decision.

The Board dismissed the appeal as there was no decision by the AOJ on the claim for payment or reimbursement of private medical services provided from October 14, 2022 to October 16, 2022.

The Board denied the Veteran's claim for service connection for insomnia disorder, also claimed as vivid and unusual dreams as secondary to the COVID-19 vaccine. The persuasive weight of evidence is against finding that the Veteran's insomnia is related to his COVID-19 vaccination.

The Board has granted ratings of 40 percent for left and right lower extremity peripheral vascular disease, effective July 14, 2014. However, the claim of an increased rating for diabetes mellitus, type II is remanded due to conflicting medical evidence regarding whether regulation of activities was needed as part of medical management.

The Veteran seeks payment or reimbursement for ambulance transportation provided by EPI on September 9, 2021. The VA Financial Healthcare Service (FHS) denied the claim due to the Veteran not being service-connected and having an income above the low-income threshold. The Board has decided to remand the case for further adjudication under 38 U.S.C. § 1725 and 38 C.F.R. §§ 17.1000 through 17.1008.

The Veteran's right hip limitation of abduction was reduced from a 20 percent rating to a 10 percent rating, which the Board has now restored to a 20 percent rating effective September 26, 2018.

The Veteran's spouse was added to his compensation award as of September 5, 2013. The effective date for this addition is now set at September 26, 2015.

The Board has granted an earlier effective date of July 5, 2011 for the grant of DIC based on service connection for the cause of death. The monthly rate of DIC is currently $1,154 and will be increased by $286 if the spouse requires aid and attendance.

The Veteran's appeal is being remanded due to the need for a psychiatric evaluation and consideration of extraschedular considerations.

The Veteran withdrew his appeal before the Board could make a decision, so the case is dismissed.

The Board has remanded the case due to insufficient evidence regarding whether the Appellant's bilateral inguinal hernia was aggravated during his active duty training (ACDUTRA). The claim will be reviewed again with a focus on verifying the Appellant's Army Reserve status and obtaining an addendum VA medical opinion.

The Board has denied service connection for TMJ, right hip pain, and left thigh/pain/hip disorder due to lack of nexus between the conditions and service. The case is remanded for further examination.

The Board has determined that the VA examination obtained in connection with this appeal was not adequate and requires further development, including obtaining a new opinion from a neurologist.

The Board has granted service connection for bilateral dry eye syndrome, finding that the Veteran's symptoms began during active service and have persisted since then.

The Veteran's service-connected chronic tonsillitis is now rated at 30 percent effective June 12, 2013. The Board found the severity of symptoms to be analogous to hoarseness and inflammation with edema of the cords under Diagnostic Code 6516.

The Board has remanded the case due to a lack of private gynecological records. The AOJ needs to make efforts to obtain these records and associate them with the claims file.

The Board denied service connection for idiopathic thrombocytopenia purpura as there is no evidence that the condition began during a period of active duty or ACDUTRA.