Other conditions Board decisions

The Board denied the Veteran's waiver request for an overpayment of VA compensation benefits, finding that the Veteran was at fault in creating the debt due to concurrent receipt of military drill pay and VA compensation. The decision also noted that recovery would not result in undue hardship as the Veteran had a reasonable income exceeding his expenses.

The Board denied the Veteran's request for a waiver of overpayment of educational assistance benefits under Chapter 33, finding that recovery would be against equity and good conscience due to the Veteran's financial hardship caused by unforeseen medical complications.

The Board has denied service connection for a restrictive lung disability and remanded the issue of service connection for spleen neoplasm due to insufficient evidence. The Veteran's personnel records indicate potential exposure to radiation during service, but further examination is needed to determine if this condition is related to his time in Antarctica.

The Board has remanded the Veteran's claims for service connection for right hip nerve and bone conditions due to missing Service Treatment Records from Selfridge AFB.

The Board has granted an initial rating of 70 percent for the Veteran's right hip replacement condition, finding that it manifests with markedly severe residual pain and limitation of motion.

The Board has remanded the case due to a duty to assist error, specifically regarding missing service personnel records that could provide context for the appellant's discharge under other than honorable conditions.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Board has granted the Veteran's claim for service connection for status post left 4th toe fracture (claimed as left foot pain), finding that it was incurred during active service or caused by an event, injury, or disease occurring in active service.

The Board dismissed the appeal for payment of non-VA medical services provided by the appellant on October 31, 2020 under a Veterans Care Agreement as it is subject to specific administrative dispute resolution process that does not allow for appellate review.

The Board has determined that there is insufficient information to make a decision on the Veteran's claim for service connection for left foot condition. The case is being remanded for an addendum opinion from an appropriate clinician regarding the Veteran's left foot disabilities, including osteoarthritis and healed deformity of the toe shown on April 2022 x-ray, pain causing functional loss, and gout.

The Veteran's appeal for a disability rating in excess of 30 percent for ulcerative colitis has been dismissed as withdrawn. The appeal was also dismissed for the claim of entitlement to TDIU due to service-connected disability.

The Board dismissed the appeal for payment of non-VA dental services provided on December 15, 2020, as this matter was resolved by administrative action.,The Board denied the claim for payment or reimbursement of non-VA medical expenses incurred on March 8, 2021, due to a lack of VA authorization.

The appeal for additional payment of non-VA medical services provided on November 30, 2019 is dismissed because the claim was filed by a billing company that did not furnish the underlying medical services.

The appeal is dismissed as the VA has administratively approved payment for non-VA emergency medical services provided to the Veteran on July 20, 2020.

The Veteran's sebaceous cyst, left occiput at the hair line, is not rated compensable. A separate 10 percent rating for a painful scar due to the sebaceous cyst from December 7, 2021, has been granted.

The Board has determined that the Veteran's cerebral amyloid angiopathy was aggravated by his service-connected lumbar back strain, residuals of right hallux valgus, chondromalacia patella of the left and right knees, and left bunion deformity status post bunionectomy with arthritis of the left foot. As a result, the claim for service connection is granted.

The Board has remanded the Veteran's claims for an extraschedular rating for hypersomnia and a TDIU due to his service-connected idiopathic central nervous system hypersomnolence syndrome. The reasons include uncertainty about whether accommodations provided by his employer are extraordinary or beyond those required by the ADA, and the need for further examination and opinion regarding the Veteran's employment status.

The Veteran's claim for a temporary 100 percent disability rating for aortic heart valve replacement is being remanded due to a pre-decisional duty-to-assist error. The Board will consider the evidence of record at the time of the March 2022 RO decision and any additional evidence provided.

The Board has determined that the overpayment of VA dependency compensation benefits was due to an administrative error and has been resolved. The appeal is dismissed as moot.

The Board has decided to remand the case due to a duty-to-assist error and potential changes in law.