Other conditions decisions — 2024

The Board has determined that the Veteran is competent to manage his VA funds on his own and dismissed the appeal.

The Veteran requested to withdraw the issue of service connection for a right leg disability, and as such, the appeal is dismissed.

The Board has denied service connection for distended bladder and remanded the claim of service connection for hematuria due to lack of current evidence. The Veteran's participation in a toxic exposure risk activity (TERA) at Camp Lejeune is conceded, but further examination is needed to determine if his currently diagnosed hematuria is related to service.

The Board has dismissed the appeal as the issue of an earlier effective date for adding Z.K. to VA disability compensation was resolved and a May 1, 2019, effective date was assigned.

The Veteran's aplastic anemia is rated at 60 percent, and the Board has found this rating to be inadequate. The case is being remanded for a new VA examination to determine the current severity of his condition.

The Veteran's service-connected residuals of injuries to the right fifth finger are not productive of more than limited range of motion, and therefore a compensable disability rating is denied.

The Veteran's overpayment debt is being remanded for further consideration of its validity. The issue will then be reviewed by the Committee on Waivers and Compromises (COWC) to determine if a waiver should be granted.

The Veteran's hypersomnia is related to her service-connected PTSD, and the Board has granted service connection for this condition. The initial compensable disability ratings for restless leg syndrome of both lower extremities are remanded due to overlap with the newly granted service connection for hypersomnia. The issue of service connection for sleep apnea is also remanded as it was not addressed in the July 2020 rating decision.

The Veteran's claim for PCAFC benefits is being remanded due to a lack of proper consideration of the August 2022 Veteran Functional Assessment Instrument, which indicated he requires some assistance with activities of daily living and supervision. The VA must obtain relevant private treatment records and provide a medical opinion regarding the Veteran's need for personal care services.

The appeal for TDIU prior to May 3, 2018 is dismissed due to the Veteran's death during the pendency of the appeal.

The Board has decided to remand the case due to a lack of clear and unmistakable evidence showing that the Veteran's right little finger condition was aggravated during service. The case will be reviewed with new medical examination.

The appeal was dismissed as the AOJ administratively approved the claim for payment of non-VA medical services provided on October 14, 2020.

The Board has remanded the Veteran's claims for additional examinations and medical opinions to address the nature and severity of his left-hand disability, right eye cataract, Fuchs dystrophy, and optic neuropathy. The claims are being returned to the AOJ for further action.

The Veteran's left bicep tendon rupture with retraction and atrophy is due to VA's failure to timely diagnose and properly treat the injury, resulting in additional disability. The Board has granted compensation under 38 U.S.C. § 1151 for this condition.

The appeal for an initial rating in excess of 10 percent for right ulnar nerve impairment is dismissed. The appeals for ratings in excess of 10 percent for amputation of the right long finger at the distal interphalangeal joint and tenderness at amputation site of right long finger are remanded.

The Veteran's request for a waiver of overpayment of dependent spouse benefits was denied because it was not filed within the required 180-day period.

The Board dismissed the appeal regarding eligibility for education benefits under 38 U.S.C. Chapter 33 as the appellant requested a withdrawal of the appeal.

The Veteran was awarded past due benefits and an overpayment debt of $4,381.81 was created because the VA failed to withhold attorney fees as per a valid fee agreement. The appeal is denied.

The Board has determined that the Veteran's gout condition is related to his service, and therefore grants the claim for service connection.

The Board denied the Veteran's claim for service connection for an ulcer condition as new evidence did not prove or disprove a nexus to military service.