Other conditions decisions — 2024

The Veteran's claim for VA educational assistance benefits under the Montgomery GI Bill (MGIB), Chapter 30, is remanded due to a lack of SPRs and potential conversion issues. The Board will conduct further development to obtain these records.

The Board dismissed the appeal as the appellant (or his representative) requested withdrawal of the appeal.

The Board has granted service connection for the Veteran's periodic limb movement disorder as secondary to his service-connected diabetes and diabetic peripheral neuropathy of the lower extremities.

The Board has remanded the case due to inadequate medical opinions regarding service connection for left hip arthritis, including whether it is secondary to a service-connected disability or aggravated by a service-connected back condition.

The Board denied the Veteran's claim for service connection for a bilateral eye disability, finding that his refractive errors of the eyes are not disabilities for VA purposes and there is no evidence of any superimposed injury or disease process.

The Board denied the Veteran's claim for service connection for chronic active gastritis, Barrett's esophagus, and helicobacter pylori (claimed as stomach issues) due to a lack of evidence linking these conditions to his military service.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's forced vital capacity (FVC) value was caused by an acute viral illness or a symptom of his service-connected benign pleural plaques.

The Board has remanded the Veteran's claim of service connection for bilateral eye conjunctivitis due to insufficient reasoning and failure to address potentially favorable evidence in the record.

The Veteran's claims for increased ratings for her service-connected bi-polar disorder are remanded due to the need for a retrospective medical opinion regarding the severity of her disability throughout the relevant periods on appeal.

The Board has remanded the case for additional development, specifically to obtain a medical opinion regarding whether any current respiratory disorder is related to in-service herbicide exposure. The Veteran's service connection claims for other conditions remain pending.

The Veteran's claim for an increased rating for his right thigh disability in excess of 10 percent and the claim for an initial compensable evaluation for his right hip arthritis with painful abduction and rotation are denied.

The Board has dismissed the appeal for apportionment on behalf of T.A. as the January 2020 decision already granted an apportionment of $115.00 per month, which is moot since T.A. will turn 18 in November 2033 and no longer qualifies for the apportionment. The appeal for increased apportionment was also dismissed as there is no financial hardship to warrant such a request.

The Board has remanded the issue of service connection for left leg tingling and numbness due to potential exposure to toxic substances during military service. The Veteran's TDIU claim is granted, but her left leg condition remains unresolved.

The Board dismissed the appeal as the non-VA medical services provided on October 28, 2020 were already processed and paid by VHA.

The Board has decided that there was a pre-decisional error and the appeal for an earlier effective date for the grant of an apportionment of the Veteran's VA benefits to the Appellant is remanded. The AOJ will re-adjudicate the claim and consider all evidence of record.

The Veteran's overpayment of $73,973.21 was dismissed as the appeal is moot due to the grant of a waiver of recovery.

The Board has dismissed the appeals seeking payment or reimbursement for medical services performed on various dates from August 27, 2020 to November 25, 2020 due to approval of the claims and no case or controversy remaining.

The Board has found that the Veteran does not have a current diagnosis of keratitis, and therefore denied his claim for service connection. The issues of entitlement to service connection for bilateral cataracts, retinal artery branch occlusion of the right eye, and a tumor of the right eye are remanded due to duty-to-assist errors.

The Veteran's left long finger tendonitis is currently rated at 10 percent, the maximum schedular rating. The Board found no evidence of ankylosis or amputation and denied a higher rating.

The Board dismissed the appeals for payment of non-VA medical expenses incurred on August 20, 2020, and August 12, 2020, as these claims were resolved in favor of the Veteran with VA making payments.