Other conditions Board decisions

The appeal seeking a separate rating for left foot hypermobility of the first ray is denied. The appeal seeking a separate rating for right foot hypermobility of the first ray from November 5, 2020, is granted.

The Board has granted the Veteran's claims for service connection for left and right hip disabilities, as well as voiding dysfunction (urinary incontinence), all secondary to his service-connected chronic dizziness and falls associated with diabetes mellitus.

The Veteran withdrew his appeal for additional monetary benefits under the HISA program, and this appeal is dismissed.

The Veteran's right leg length discrepancy, a residual of tibia-fibula fracture, is now rated at 10 percent effective January 5, 2023. The rating takes into account the functional loss due to pain and other limitations.

The Board denied the Veteran's claims for an earlier effective date for awards of higher level SMC and financial assistance in acquiring specially adapted housing, finding that there was no legal basis to assign such dates.

Your appeal for an automobile or other conveyance allowance has been dismissed due to the Veteran's death. The case will not be resumed if someone else wishes to continue it.

The Board granted a waiver of recovery for the remaining overpayment of $8,750 due to financial hardship and found that withholding this amount would not result in undue hardship or defeat the purpose of the benefit.

The Board has determined that the termination of the Veteran's nonservice-connected pension benefits, effective April 1, 2014, was proper due to his spouse's receipt of unreported retirement income.

The Board denied the Veteran's request to waive recovery of an overpayment of VA compensation benefits in the amount of $3,004.74 due to his fault for not promptly notifying VA of his incarceration.

The Veteran is eligible to transfer an additional 12 months of his Post-9/11 GI Bill educational assistance benefits to his dependent spouse, bringing the total entitlement to 48 months.

The proposed reduction in the evaluation of pancreatic cancer, status post gallbladder removal from 100% to 0% has not yet occurred and thus the appeal is dismissed.

The Veteran's other trauma and stressor-related disorder is granted a disability rating of 50 percent, effective from April 1, 2022.

The Veteran's claim for education assistance benefits under the Post-9/11 GI Bill for OJT training with the Vermont Police Academy from July 2017 to January 2018 was denied as it was received more than a year after enrollment began, and there is no retroactive benefit allowed.

The Board denied the Veteran's claim for service connection for benign prostatic hyperplasia and granted a 10 percent rating for his bilateral hearing loss. The Board found that there was no evidence linking the Veteran's current condition to his in-service exposure, including Agent Orange exposure. For the hearing loss, the Board noted an exceptional pattern of hearing impairment but did not find any new or material evidence warranting a higher rating.

The Board denied compensation under 38 U.S.C. § 1151 for a left eye disability, including optic atrophy, intraocular lens, and torsional nystagmus, finding that the additional disability was not caused by carelessness, negligence, lack of proper skill, or similar incidence of fault on the part of VA personnel.

The Board has decided to remand the claims for service connection for nerve disabilities in the lower extremities due to a duty to assist error and insufficient medical evidence on file.

The Board has determined that the VA examination of record is inadequate for adjudication and thus remands the claims to obtain an adequate examination.

The Veteran's death precludes initial eligibility for PCAFC benefits, and the issue must be denied as a matter of law.

The Veteran's lung condition, including coccidioidomycosis and shortness of breath, is granted as service-connected. The Board found the evidence supported that the Veteran incurred this condition during his active duty for training (ACDUTRA) while fighting wildfires in California.

The Board has remanded the claims for service connection for right thumb disorder and gout, bilateral feet due to insufficient evidence in the record.