Other conditions Board decisions

The Board has decided that the decision to continue apportionment of the Veteran's VA compensation benefits to E.L. was proper, but there are discrepancies in the marriage certificates and further verification is needed.

The Veteran's request for a waiver of overpayment of education benefits was denied because it was not filed within the required 180-day period following notification of the debt, and the Board found that her failure to file on time was due to circumstances beyond her control.

The Board denied service connection for cardiovascular disease as the Veteran does not have a current disability and there is no evidence of a causal relationship to service.

The Board has granted an earlier effective date of January 22, 2018 for service connection for other specified trauma or stressor related disorder with alcohol use disorder. The appeal is dismissed as the issue of an earlier effective date for this condition was already decided.

The Veteran's claims for increased ratings for left lower leg muscle injury were denied. The rating prior to November 22, 2022 was 20%, and from that date onwards it is now rated at 30%. These decisions are based on the severity of his disability as determined by the criteria under DC 5311.

The Board has found that the appeal is not properly withdrawn and requires a statement of the case addressing the entire initial rating period for the Veteran's lower abdominal disability.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to VA benefits for the character of discharge. The issue of whether the appellant's discharge was a bar to VA benefits is remanded, as well as the service connection claim for pancreatic cancer for accrued benefits purposes.

The Veteran's right hip avascular necrosis and greater trochanteric bursitis were rated at 30 percent prior to December 9, 2020. The Board found that the evidence did not support a higher rating due to lack of moderately severe residuals of weakness, pain, or limitation of motion.

The Board has remanded the case for further development, including a VA examination and opinion regarding the nature and severity of the Veteran's bilateral stress fractures of the heels. The AOJ is also instructed to assist the Veteran in filing a claim for service connection for an acquired psychiatric disability secondary to his foot disability.

The Veteran's appeal for service connection of substance abuse disorder as secondary to his service-connected acquired psychiatric condition has been dismissed due to the Veteran withdrawing the appeal.

The Board previously denied the claim for TDIU, and after a remand by the Court, the case is being sent back to the AOJ for further consideration of new evidence.

The Board has remanded the Veteran's claims for service connection and initial rating of her allergic rhinitis due to inadequate medical opinions and failure to address whether a separate rating for sinusitis is warranted.

The Board denied service connection for a left eye disability and right homonymous hemianopsia, finding no evidence of onset or causation in service.

The Board has remanded the case due to a partial increase in rating for right elbow condition and failure to address the issue of a higher than 10 percent rating. The Veteran is advised to file a statement of the case regarding this matter.

The Veteran's claim for an earlier effective date of July 31, 2017 for SMC based on aid and attendance was denied as there is no evidence of a prior formal or informal claim submitted before July 26, 2022.

The Board has granted the Veteran's claim for service connection for insomnia disorder, finding that his current diagnosis of insomnia disorder is related to his military service and resolving all reasonable doubt in his favor.

The Veteran's claim for a compensable disability rating for his herpes simplex, type 2 is being remanded due to the need for clarification on whether his antiviral medication (Valacyclovir) constitutes systemic therapy.

The appeal was dismissed because the appellant withdrew their appeal in November 2023.

The Board has granted an apportionment of the Veteran's VA compensation benefits to the appellant (the Veteran's then spouse) for the period from September 2022 to December 2022, in the amount of the dependency allowance paid.

The Board found that the Veteran was in receipt of military drill pay for 44 days during Fiscal Year 2020, which led to a reduction in his VA disability compensation benefits. The appeal is denied as the withholding of VA disability compensation due to concurrent receipt of VA compensation and military drill pay was proper.