Other conditions decisions — 2024

The Veteran's appeal is remanded for additional examinations to address the adequacy of the VA examination reports and to determine if he meets the criteria for a higher rating or SMC based on housebound status or permanent need of aid and attendance.

The Board has decided to remand the case due to errors in determining the correct amount of the overpayment debt and addressing the Veteran's request for a compromise.

The appeals for reimbursement of travel expenses are dismissed due to the Veteran's death.

The Board has determined that there is a duty to assist error in obtaining the appellant's complete education file, which includes educational payments, VA phone conversations, and applications for educational benefits. The matter is therefore being remanded to obtain this information.

The Veteran's claim for an evaluation in excess of 20 percent for his service-connected intervertebral disc degeneration, L5-S1, L4-L5, neural foraminal stenosis L5-S1 is being remanded due to a pre-decisional duty to assist error. A new VA examination is needed.

The Veteran's left peripheral vestibulopathy associated with service-connected bilateral hearing loss is granted a separate 10% rating, but no higher. The Veteran's bilateral hearing loss remains at 30% and denied for an increased rating.

The Veteran's claim for an increased rating in excess of 10 percent for chronic otitis externa and chronic suppurative otitis media is being remanded due to a duty-to-assist error related to the adequacy of the VA medical opinion.

The Board has decided to remand the Veteran's claims related to overpayment and waiver of recoupment due to incomplete records and potential issues with communication.

The Board has remanded the case due to a need for an opinion regarding whether the Veteran's cause of death, metastatic squamous cell cancer, is related to his military service and specifically to toxic exposure risk activities during Persian Gulf War service.

The Board has dismissed the appeal for payment of non-VA medical care provided by Aegis Sciences Corporation on August 10, 2021 due to lack of prior authorization and because the process for billing under the Veterans Community Care Program does not allow for review by the Board.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed as moot because the benefit sought in her current appeal is already granted.

The Board has decided to remand the case due to improper notification of the decision and lack of appellate rights. The issues are whether a debt in the amount of $5,848.40 was properly created and entitlement to waiver of recovery of an overpayment.

The Board has determined that a remand is necessary to obtain a toxic risk exposure activity (TERA) opinion regarding the service connection claim for multiple myeloma due to conceded exposure to ionizing radiation during active-duty service.

The Veteran's chronic dizziness with episodic syncope was granted a rating of 30 percent from October 11, 2019. Prior to this date, the disability was rated at 10 percent.

The Board has determined that a VA examination and medical opinion are needed to address the Veteran's claims for service connection for bilateral eye conditions, including as secondary to diabetes mellitus type II. The remand is due to potential pre-decisional duty-to-assist errors.

The Veteran withdrew his appeal for an increased rating in excess of 10 percent for patellofemoral pain syndrome of the right knee.

The Board denied the Veteran's claim for VA benefits due to his dishonorable discharge from active duty service, which occurred after he was already eligible for honorable discharge. The Board found that the appellant's misconduct leading to his court martial conviction began in 2007 and therefore did not meet the exception under 38 C.F.R. § 3.13(c) for conditional discharges.

The Veteran's deviated nasal septum is rated at the maximum schedular rating of 10 percent, and a higher rating is not warranted.

The Veteran's appeal for service connection of bradycardia (bradyarrhythmia) has been dismissed as the appellant withdrew their appeal.

The Board has dismissed the appeal regarding the rating reduction for bilateral shin splints as the appellant withdrew his appeal.