Other conditions decisions — 2024

The Veteran's rating for shin splints was improperly reduced and is restored to 10 percent. Entitlement to Dependents' Educational Assistance (DEA) based on permanent and total disability status is also restored.

The Board has remanded the case due to insufficient evidence regarding the creation, validity of amount, and recoupment of overpayment for education-related benefits. The VA will conduct a paid and due audit and reconstruct the Veteran's file.

The appeal for payment or reimbursement of non-VA services provided on September 22, 2020 is dismissed as the Veteran has already received the benefit sought.

The Veteran's appeal regarding the appointment of a new fiduciary was dismissed because his spouse, W.L., has passed away and no longer serves as the fiduciary.

The Board denied the appellant's claim for service connection and upgrade of his character of discharge due to a dishonorable discharge resulting from multiple offenses committed during his active military service. The Board found that there was no evidence of insanity at the time of the offenses, and thus did not apply the exception for insanity in determining eligibility for VA benefits.

The Board has remanded the claim of service connection for post-phlebitic syndrome, claimed as a blood clot problem, due to insufficient medical opinion regarding whether the Veteran's hypertension is the primary cause or has aggravated his post-phlebitic syndrome.

The Veteran's pleural plaques disability was evaluated under the General Rating Formula for Restrictive Lung Disease, and his FEV-1 of 83.7 percent predicted is greater than 80 percent predicted required for a 10 percent rating. The Board found that the criteria for a compensable rating are not met.

The Board has granted service connection for colon cancer and liver cancer, finding that the Veteran's current diagnoses were caused by his toxic exposure during his deployment in Iraq.

The Veteran's service-connected lower-left-extremity lymphoedema, including with peripheral vascular disease, is granted at a 40 percent disability rating.

The Veteran's cause of death was awarded service connection effective June 28, 2019. The claim for an earlier effective date is denied.

The appeal for payment or reimbursement of non-VA services provided on August 18, 2020 is dismissed as the Veteran has already received the benefit sought.

The Veteran's pension debt has been resolved and there are no allegations of errors of fact or law for appellate consideration, so the appeal is dismissed.

The Veteran's heart conditions, including idiopathic hypertensive cardiomyopathy and congestive heart failure, are being remanded for further review due to new evidence submitted after the August 2014 rating decision. The Board will determine if these conditions are related to service or Agent Orange exposure.

The Board denied the appellant's claim for payment of non-VA medical expenses incurred on February 6, 2020 because VA had not authorized such services.

The Veteran's claim for additional SMC based on loss of use of a creative organ is denied because he is already in receipt of SMC for the overall impact of his erectile dysfunction, which is related to his service-connected prostatitis with hematospermia and epididymitis.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking chronic respiratory failure to military service or service-connected disabilities.

The Board has remanded the claims for service connection for peripheral artery disease of both lower extremities due to conflicting medical opinions and a need for further examination.

The Veteran's child, H.C., is recognized as a helpless child due to his disabilities prior to the age of 18.

The Board has decided to remand the apportionment claim due to errors in requesting financial information and verifying living arrangements, as well as for providing updated financial statements.

The Board has decided to remand the case due to a lack of information regarding the Veteran's drill days in FY 2018 and the payment of military pay. The Veteran disputes the recoupment of money for the payment of drill pay and VA compensation benefits at the same time.