Other conditions Board decisions

The Board granted a waiver of recovery for an overpayment of VA death pension benefits, finding that repayment would be against equity and good conscience due to the appellant's financial hardship caused by her dementia.

The Board finds a pre-decisional duty to assist error occurred and requires further development to correct the error, including an audit of the overpayment amount.

The Board denied a compensable rating for the Veteran's abnormal ascending aorta/aneurysm, finding that his condition has not reached 5 centimeters in diameter and is asymptomatic.

The Board denied service connection for esophageal cancer due to contaminated water exposure at Camp Lejeune and denied service connection for vocal cord cancer as due to esophageal cancer. The evidence did not establish a nexus between the current conditions and service.

The Board denied readjudication of the claim for service connection for back pain as new and relevant evidence was not presented or secured.

The Board has determined that new and relevant evidence has been received, warranting readjudication of the claim for service connection for squamous cell carcinoma of the esophagus. The case is now remanded to obtain an addendum opinion from a VA clinician.

The Veteran's claim for an earlier effective date for a 10 percent rating for his left thumb disability is denied as the service connection was not in effect prior to April 27, 2010.

The Board has remanded the case due to an inadequate rationale in a previous VA examination regarding whether the Veteran's right hand DJD is related to his service. The claim will be reviewed with a new medical opinion.

The Board has granted service connection for right and left lower extremity neurological disabilities, rating them at 40% under Diagnostic Code 8520 (sciatic nerve). The effective date is not specified as the appeal was based on reopening of previously denied claims.

The Board denied the Veteran's claims for service connection for solar lentigos and keratoses of the forearms, finding no evidence linking these conditions to his military service. The psychiatric disorder claim was remanded for further development.

The Board has decided to remand the case due to inadequate medical opinions regarding the cause of the Veteran's death. The VA needs to obtain a new opinion from a qualified physician to determine if any conditions, individually or in concert, contributed to the Veteran’s death.

The Board has ordered a remand due to the failure of VA to comply with its previous instructions and obtain necessary medical records. The Veteran's claim for compensation under 38 U.S.C. § 1151 is being reviewed again.

The Board denied service connection for an upper back cyst and denied a higher initial rating for PTSD. The Veteran's upper back cyst was not shown to have started in service or be related to his military service, while the PTSD symptoms did not meet the criteria for a higher disability rating.

The Board has granted an effective date of May 2, 2014 for the addition of the Veteran's spouse as her dependent to her VA disability compensation award.

The Board has remanded the case due to failure to issue a Supplemental Statement of the Case (SSOC) addressing both the validity of the overpayment and whether a waiver is warranted. The Veteran must be provided with an SSOC that includes clear reasons and bases for all determinations.

The Veteran's loss of bilateral visual acuity is denied as it was not caused by VA treatment, and the Board found no evidence of negligence or malpractice on the part of VA.

The Veteran's claim for a permanent and total rating for purposes of establishing entitlement to VA non-service-connected disability pension benefits was granted.,The Veteran's claim for payment of VA non-service-connected disability pension benefits was granted for the period of March 10, 2011 to March 31, 2012.

The Veteran's appeal for increased rating and TDIU prior to June 14, 2018 is dismissed due to his death.

The Veteran's left foot disability, characterized by a stress fracture of the third metatarsal bone, is currently rated at 10 percent and denied for an increased rating.

The Veteran's appeal is remanded for further development regarding service connection and evaluations for various conditions, including a thoracic spine disorder, left ankle degenerative joint disease, left shoulder labral tear, right shoulder disorder, and right knee disorder.