Other conditions Board decisions

The Board has ordered the case to be remanded due to a lack of compliance with prior remand instructions regarding the relationship between the Veteran's refractive error and any superimposed disease or injury during service.

The Board has granted service connection for gout as secondary to the Veteran's service-connected disabilities, including PTSD, lumbar strain, right knee patellofemoral syndrome, and bilateral hallux rigidus with degenerative joint disease.

The Veteran's claim for bilateral shin splints was denied in April 2008. The effective date of the grant of service connection is set at February 4, 2017.

The Veteran's claim to reopen his service connection for degenerative bone disease is granted. The case is remanded for further development, including a VA examination.

The Board has denied the Veteran's claims for service connection for left arm throbbing pain, left hand arthritis, and left arm nerve damage due to a lack of current diagnoses in these conditions.

The Board denied the Veteran's claim for an initial rating greater than 10 percent prior to April 1, 2020, and greater than 20 percent prior to December 14, 2022, for bilateral pterygium, finding that his service-connected bilateral pterygium is manifested by at worst a corrected distance visual acuity of 20/40 throughout the appeal period.

The Veteran's service connection claims for his bilateral hamstring disabilities have been reopened, but the Board has determined that additional development is needed to determine if these conditions are related to his military service.

The Veteran's appeal for an increased rating in excess of 10 percent for her service-connected residual fracture left tibia and fibula with arthritis was denied by the Board. The VA examiner found that the Veteran's flexion limited to 75 degrees, which is noncompensable.

The Board has remanded the case due to concerns about the qualifications of a VA medical examiner who provided opinions on the right elbow disability. The Veteran's claim for service connection remains pending.

The appeal was dismissed due to the appellant's death, and no final decision can be made.

The Board dismissed the appeal of the claim for entitlement to TDIU on an extraschedular basis prior to January 10, 2008 as the appellant requested withdrawal.

The Board denied the Veteran's claim for service connection for a bilateral eye disability, finding that none of his current eye conditions are related to his military service.

The Board denied the Veteran's claim for service connection for colon and/or rectal cancer, including lymphoma, due to herbicide agent exposure. The evidence did not support a nexus between the cancers and service.

The Board has remanded the Veteran's claims for neck and back pain as they are related to service. The case will be returned to the AOJ for further development, including obtaining medical records and scheduling a VA examination.

The Veteran's request for a waiver of recovery of an overpayment of VA pension benefits in the amount of $26,160.00 was deemed timely filed and thus granted.

The Veteran is seeking a partial waiver of overpayment debt for the period from November 2007 to August 2008, and full waiver for the period from August 2008 to September 2014.,The Board found that recovery of the overpayment during the period of November 2007 to August 2008 would not be against equity and good conscience. However, recovery of the overpayment during the period of August 2008 to September 2014 would violate the principles of equity and good conscience.

The Veteran's request for a waiver of the overpayment of VA pension benefits was denied because it was not filed within the 180-day period allowed by law.

The Board has granted the Veteran's claim for service connection for bruxism, finding that his PTSD caused or aggravated this condition. The decision is based on credible and competent lay statements from the Veteran regarding his experience with bruxism.

The Veteran's claim for additional VA educational assistance benefits under Chapter 33 is granted, but only for a total of 17 months and 7 days, in compliance with the statutory cap of 48 months of aggregate benefits.

The Board dismissed the appeal for TDIU prior to April 11, 2011 as the appellant requested withdrawal of the appeal.