Other conditions Board decisions

The Board has granted the Veteran's challenge to the creation of one portion of his overpayment, which was generated during his marriage to J.K.M., and denied challenges to the other portions of his overpayment.

The Board has decided that the appellant may not be recognized as a helpless child of the Veteran based on permanent incapacity for self-support prior to reaching age 18. The decision is remanded due to outstanding records from the Social Security Administration.

The Board denied a compensable rating for residuals of an orchiectomy of the left testicle as there is no functional impairment or symptomatic residuals of the right testicle.

The Veteran's bilateral hand tremors are not service-connected as they are not related to his military service or any service-connected conditions.

The reduction in rating from 10 percent to 0 percent for paresthesia of the ulnar nerve of the left hand was improper and is restored. The Veteran's claim for a higher rating remains pending.

The Veteran's claim for an earlier effective date for a TDIU is denied as he was gainfully employed throughout the relevant period and there is no evidence of unemployability prior to August 2, 2010.

The Board has remanded the Veteran's claims for service connection for right lung blood clots and chronic venous insufficiency due to insufficient evidence. The Veteran asserts these conditions are secondary to his service-connected hypertension and coronary artery disease.

The Board has remanded the case due to incomplete development of the Veteran's work history and salary information.

The Veteran developed leg length discrepancy and back pain as a result of negligence by VA medical providers following his left total hip arthroplasty in October 2007. The Board found that the additional disabilities were likely due to negligence, granting compensation under 38 U.S.C. § 1151.

The Veteran's claim for reimbursement of non-VA medical services incurred at Martin Medical Center in Stuart, Florida on August 13, 2014 is granted. The treatment was deemed necessary due to the severity and urgency of his condition (cellulitis), which required immediate medical attention.

The Board has granted service connection for the Veteran's left cubital tunnel syndrome (left elbow disorder) as it is related to active service.

The Veteran's left ankle disability is currently rated at 20 percent prior to October 11, 2020 and remanded for further development. Since October 11, 2020, the claim remains denied as there is no evidence of ankylosis.

The Board has remanded the claim due to insufficient explanation of how a VA examiner's opinion on secondary causation is related to service-connected residuals of shell fragment wounds.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Board has decided to remand the case due to a failure of VA's duty to notify and assist in creating an overpayment debt. The Appellant must be notified of the reasons for the creation of the debt, her rights to request a waiver or appeal, and any additional evidence needed.

The appellant requested withdrawal of the appeal regarding past-due benefits awarded in an April 2020 rating decision, and the Board dismissed the appeal as a result.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal. The Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board dismissed the appeal because the claim for reimbursement of ambulance transport services was not submitted within the 90-day timely filing period, and after secondary review, VA found it had been filed on time.

The Veteran's service connection for restrictive lung disease, malignant and deep vein thrombosis is granted. The lung cancer is presumed to be due to Agent Orange exposure during his time in Thailand. The deep vein thrombosis is also linked to the lung cancer.

The Board found that the overpayment was improperly created and dismissed the Veteran's claim for waiver of the overpayment debt as moot.