Other conditions Board decisions

The Board denied compensation under 38 U.S.C. § 1151 for a blind right eye disability caused by VA cataract surgery, finding that the additional disability was not due to carelessness, negligence, or lack of proper skill on part of VA.

The Veteran's claims for higher ratings for pruritis ani with loss of rectal sphincter control are being remanded due to the failure to obtain relevant treatment records from St. Vincent's Hospital and Encompass Health Lakeshore Rehabilitation.

The Veteran's oropharyngeal cancer is presumed to be due to exposure to herbicide agents, but the Board finds that a remand is necessary for a new medical opinion regarding whether it is at least as likely as not related to his service.

The Veteran requested to withdraw his appeal regarding the claim of entitlement to service connection for a dental disability for compensation purposes. The Board dismissed this claim.

The Veteran's appeal was dismissed due to his death, and no findings were made on the merits of the case.

The Veteran's microscopic anemia is rated at a 10 percent rating, but no higher, for the entire appeal period.

The Veteran's low back disability, previously evaluated as L5-S1 disk compression, herniated nucleus pulposus, status post microdiscectomy, is remanded due to the need for a VA examination to assess its current severity.

The Board has remanded the claims for further development due to inadequate retrospective VA medical opinion and additional pertinent evidence obtained.

The Veteran's claim for a higher rating for epididymitis with voiding dysfunction was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 40 percent from December 20, 2019.

The Board has granted service connection for the cause of death due to atherosclerotic cardiovascular disease, which is presumed to be associated with exposure to herbicides in Vietnam. The claim for accrued benefits was denied as there were no pending claims at the time of the Veteran's death and the claim was filed after one year from his death.

The Veteran's right upper extremity neurological disorder is rated at 40 percent since May 4, 2021. The rating will remain at 40 percent until further notice.

The Board found clear and unmistakable error (CUE) in the original rating decision that assigned a 50% rating for vitiligo under DC 7806 instead of DC 7823, which is specific to vitiligo. The correct rating should have been 10%, as per DC 7823. As a result, the combined rating was reduced from 80% to 70%. The appeal is denied.

The Veteran's claim for payment or reimbursement of medical expenses incurred from March 6 to March 7, 2016 at Longmont United Hospital is granted as the criteria under 38 C.F.R. § 17.1002 are met.

The Veteran's appeal is remanded due to the need for additional records related to his application for discharge upgrade from the Army Board of Corrections of Military Records (ABCMR).

The Veteran's right foot hallux valgus and metatarsalgia are rated at 10 percent, the maximum schedular rating. The Board denied an extraschedular rating for right foot hallux valgus.,As of June 10, 2021, the Veteran is granted a separate 10 percent rating for right foot metatarsalgia.

The Board denied the Veteran's claims for service connection for conjunctivitis and an initial compensable rating prior to December 10, 2019, for a fracture of the third and fourth metatarsals of the right foot.,Effective December 10, 2019, the Veteran was granted a higher initial 10 percent rating for his service-connected fracture of the third and fourth metatarsals of the right foot.

The Board has determined that additional development is needed for the Veteran's claims of service connection for ovarian cyst and uterine fibroids, as well as hernia. The remand requires obtaining medical opinions to determine if these conditions are related to her military service.

The Board has dismissed the appeal regarding the effective date for the addition of the Veteran's spouse to her award. The issue of withholding VA benefits due to overpayment based on changes in dependency is remanded.

The Board has decided to remand the case for a detailed audit of the Veteran's VA compensation benefits and further adjudication of both the validity of the overpayment debt and the merits of his waiver request.

The Veteran's appeal for an increased rating for Crohn's disease is denied. The issue of service connection for arthralgia, secondary to Crohn's disease, and entitlement to a TDIU are remanded.