Other conditions Board decisions

The Board has decided to remand the case due to ambiguity in the record regarding the validity of a debt and how it relates to retroactive payments for the Veteran's child. The Veteran needs further clarification on periods of payment, as well as information to seek waiver if any valid debt is found.

The Veteran's claim for a compensable rating for his ankylosis of the left ring finger was denied as there is no evidence indicating that the disability more nearly approximates amputation, and thus he does not meet the criteria for a compensable rating under Diagnostic Code 5227.

The Board has decided to remand the case due to errors in notification and audit, as well as an unclear determination of whether the Veteran was a fugitive felon. The VA must provide a paid and due audit of the Veteran's benefits during all periods when overpayments were created.

The appeal for initial eligibility and any accrued benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) is denied as the Veteran was not an eligible veteran at the time of his death.

The Board denied the veteran's claim for service connection for an eye disability, including presbyopia, as refractive error is not considered a disease or injury for VA compensation purposes and there was no evidence of a superimposed disease or injury. The appellant's only diagnosis was presbyopia, which is a congenital defect.

The Board has determined that the Veteran does not have a current frost bite disability of the right big toe and two additional toes, thus denying his claim for service connection.

The Board dismissed the appeal because a proper Notice of Disagreement was not filed by the claimant or their representative, and Proximal, LLC did not provide the medical services in question.

The Veteran's claim for reimbursement of non-VA medical expenses incurred from June 10, 2019, through June 13, 2019, at Mobile Infirmary Medical Center is denied because the remaining balance owed by the Veteran was a deductible amount and not reimbursable under VA policy.

The Board has granted service connection for right posterior tibial tendon tear on a direct basis, effective from the date of the June 2024 supplemental claim.

The Board has decided to remand the case due to incomplete records and further development is needed.

The Board has decided to remand the case due to incomplete medical opinions regarding whether the Veteran's xerosis is caused by or aggravated by service-connected bilateral toenail fungus. The case will be returned for further examination and opinion.

The Board has granted service connection for bilateral hand strain and a bilateral elbow disability, finding that the Veteran's symptoms began during active service and have persisted since.

The Board denied service connection for invasive urothelial cell carcinoma/malignant neoplasm of the bladder, finding that there was no evidence supporting direct causation and that the Veteran's tobacco use was not caused by his service-connected PTSD. The Veteran died from metastatic bladder cancer to his lungs and lymph nodes.

The Board dismissed the appeal because the May 2023 rating decision deferred adjudication of a claim for unspecified trauma and stressor related disorder, and no final determination was made on this issue. The Veteran did not appeal any other aspect of the May 2023 decision.

The Board has determined that there was a pre-decisional duty to assist error due to the lack of an adequate secondary service connection medical opinion. The Veteran's claim for service connection for diverticulitis is remanded.

The Board dismissed the appeals of proposed decreases in evaluations for Peripheral Artery Disease (PAD) due to the premature nature of the actions and lack of a final decision.

The Board has dismissed the appeal for entitlement to a total rating based on individual unemployability (TDIU) prior to October 3, 2016 as it is considered a duplicate docket with another decision that granted TDIU prior to this date.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA pension benefits in the amount of $62,610 due to fault on his part and lack of financial hardship.

The Veteran's claims for increased ratings for right thumb, index finger, and long finger arthritis have been denied as there is no evidence of a gap greater than two inches between the thumb pad and fingers or a functional equivalent to ankylosis.,There are no incapacitating episodes reported for the right thumb, which prevents higher rating under DC 5003.

The Veteran's gastritis is granted an initial rating of 40 percent, effective August 12, 2015. The issue of TDIU prior to January 28, 2017, was denied, and the issue of TDIU beginning January 28, 2017, was dismissed.