Other conditions Board decisions

The Board has remanded the Veteran's claims for increased rating for left elbow bursitis and TDIU due to insufficient development of medical evidence regarding the impact of pain with weight-bearing on the Veteran's range of motion.

The Veteran's esophageal adenocarcinoma and residuals of esophagectomy were not caused by or became worse as a result of VA treatment, and the additional disability did not result from carelessness, negligence, lack of skill, error in judgment or similar instance of fault on the part of the VA attending personnel.

The Board dismissed the appeal with respect to waiver of recovery of an overpayment of VA pension benefits in the amount of $33,738.00 due to lack of a timely substantive appeal.

The Board has determined that the Veteran's hernia disability, which he claims was incurred during his active duty service, had its onset during his military service. The evidence is in equipoise as to whether the Veteran suffers from a hernia disability and thus the benefit of the doubt rule has been applied, resulting in the grant of service connection.

The Veteran's left hip strain flexion is currently rated at a 10 percent disability rating, but the Board finds no evidence to support an increase in this rating.

The Veteran's service connection for Raynaud's disease and TDIU due to his service-connected disabilities have been granted.

The Veteran's left leg shin splints are rated at 10 percent from August 31, 2009. The right leg shin splints were also rated at 10 percent until December 5, 2010. After that date, the rating was changed to a noncompensable evaluation.

The Board has determined that the procedural requirements for a simultaneously contested claim have not been met, specifically regarding notification of the appellant's Substantive Appeal to G.S. and providing him with a copy of the September 2022 hearing transcript. The appeal is therefore remanded.

The Veteran's daughter A. was recognized as his dependent child for VA purposes until she turned 18 in September 2015, at which point her benefits were discontinued due to the election of Chapter 35 educational benefits. The Veteran is not legally entitled to additional disability compensation for his daughter after June 1, 2015.

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's bilateral hand tremors. The Veteran is seeking service connection for this condition, which may be related to medications he was prescribed during service.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's acquired psychiatric disorders. The claim will be returned for further development and evaluation.

The appeal is dismissed due to the Veteran's death, and no service connection issues are addressed.

The Veteran's VA benefits were terminated due to his fugitive felon status from May 8, 2014, to June 23, 2014. The Board found that the termination was proper and denied reinstatement of benefits.

The appeal was dismissed due to the appellant's death, and no service connection decision is made.

The Board has decided to remand the case due to a need for additional information regarding whether the Appellant was receiving apportionment of the Veteran's VA benefits for support of T.D. during the claim period.

The Board found that the appellant's character of discharge from service is a bar to VA benefits, exclusive of health care benefits under Chapter 17, Title U.S.C. and 38 C.F.R. § 3.360(a).

The Board has dismissed the appeal due to the death of the Appellant, as claims do not survive their deaths.

The Veteran's right and left knee disabilities have been rated at 20 percent each, but the claim for an increased rating remains on appeal.,A separate 10 percent rating has been granted for limitation of extension of the left knee from April 2, 2021.

The Veteran's appeals for annual clothing allowances for the years 2014 and 2015 have been dismissed due to his death.

The Veteran's claims for increased ratings for his service-connected right eye pterygium are being remanded due to lack of substantial compliance with previous Board directives.