Other conditions Board decisions

The Board has determined that a remand is necessary to obtain additional medical opinions and private treatment records related to the Veteran's cause of death, including his coronary artery disease (CAD).

The Board has found that an April 2021 opinion failed to address the Veteran's primary theory of entitlement, namely that his PTS was caused by immunizations in service. The case is being remanded for another addendum advisory medical opinion.

The Veteran's left hip pain is not attributed to a service-connected condition, and his disability does not meet the criteria for a compensable rating under DC 5252.

The appellant's spouse did not serve during a period of war recognized by VA, thus failing to meet the eligibility criteria for death pension benefits.

The Veteran's claim for service connection for a right hip disorder was previously denied in May 2014. The Board has now reopened the claim due to new and material evidence, but the case is still pending as it needs further examination regarding secondary service connection.

The Veteran's stepson D.M. was found to be permanently incapable of self-support due to a mental defect before reaching the age of 18, and his appeal for dependent pay is granted.

The Board has decided to remand the case due to a challenge regarding the creation of an overpayment. The Veteran needs to provide evidence and arguments on whether the overpayment was properly created.

The Board denied compensation under 38 U.S.C. § 1151 for a genitourinary disorder, finding that the appellant did not develop an additional disability resulting from VA medical care and treatment in June 2012.

The Board denied the appellant's claim to be recognized as the Veteran's surviving spouse for death pension purposes due to her remarriage after the Veteran's death and the subsequent end of her second marriage.

The Veteran's left eye condition, including dry eye syndrome, is being remanded for further development due to the need for an addendum opinion regarding causation. The right eye corneal abrasion has already been service connected.

The Board has remanded the service connection claims for an eye disability and a respiratory disability due to unclear medical opinions regarding ionizing radiation exposure, asbestos exposure, or secondary conditions. The Veteran's hypertension is also being considered in relation to these disabilities.

The Board has remanded the case due to insufficient development regarding the Veteran's claimed stressors and assault in boot camp, as well as the lack of verification for his time spent at Nam Phang (Rose Garden) in Thailand. The Veteran is also seeking service connection for schizoaffective disorder and mood disorder.

The Board has remanded the case due to a need for further development, including obtaining updated VA treatment records and an addendum medical opinion regarding the Veteran's use of pain medication.

The Veteran's bilateral chronic conjunctivitis is rated at 10 percent, and the Board finds no basis to grant a higher rating. The Veteran does not have active disease processes that would warrant a higher rating under the revised criteria for diseases of the eye. His diagnoses include age-related cataracts, arcus senilis, pinguecula, dry eye syndrome, and bilateral chronic conjunctivitis. No new or material evidence was presented to reopen service connection claims for COPD and asthma.

The appeal was dismissed because the Veteran withdrew it before a decision could be made.

The Board has granted a partial waiver of recovery for the overpayment of VA compensation benefits, finding that full recovery would defeat the purposes for which benefits were intended and partial waiver would not result in unjust enrichment. The Veteran was married to his former spouse S.F. from December 1995 to December 2011 and then to V.T. from February 2012 to June 2018. During January 2012, the Veteran should have been paid at a lower rate due to his marital status.

The Board has dismissed the appeal for education benefits under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) due to a Court decision. The case is remanded for further review of work-study and VRAP education benefits.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is granted as the error in prescribing Lovenox led to an extension of his DVT, resulting in additional disability.

The Veteran's varicose veins of the left lower extremity are productive of persistent edema and stasis pigmentation with intermittent ulceration, warranting a 40 percent rating. The Board finds that further development is needed to determine if numbness in the toes affects the severity of his disability.

The Board denied the Veteran's claim for service connection for a disability manifested by short-term memory loss, finding that there is no current diagnosis of this condition and thus no basis to grant service connection.