Other conditions Board decisions

The Veteran's ADEM did not manifest during service and is not otherwise related to his military service, including herbicide exposure. The Board found that the condition was not incurred in service or due to any service-connected conditions.

The Veteran's esophageal cancer is found to be related to exposure to ionizing radiation and non-ionizing radiation, but not to asbestos. The claims are granted for these theories of entitlement.

The Board has determined that another remand is necessary due to inadequate opinions regarding the relationship between the Veteran's right great toe amputation and his service-connected lumbar degenerative disc disease.

The Board has decided that the Veteran's claim for service connection for basal cell carcinoma, including as due to exposure to herbicides (Agent Orange), should be remanded for further development and an addendum opinion from a dermatologist or oncologist.

The Veteran's patellofemoral pain syndrome of the left knee, status post fibula fracture, is rated at 10 percent and denied a higher rating.

The Veteran's claim for nonservice-connected pension benefits is remanded due to the need for further evidentiary development, including income and net worth information from Social Security Administration (SSA) and the Veteran himself.

The Board has decided to remand the case due to inadequate medical opinion regarding the relationship between the Veteran's hammer toe and his military service. The Veteran will need a new medical examination to provide an adequate rationale for their conclusion.

The Board denied the Veteran's claim for service connection for her jaw/temporomandibular joint condition, finding that it is not related to service or a dental condition.

The Board found that the September 2016 VA prescription of Levoquin did not cause right and left lower extremity disorders due to negligence or a foreseeable event, thus denying benefits under 38 U.S.C. § 1151.

The Board has decided to remand the case due to inadequate development of evidence, specifically regarding the nature and etiology of any gastrointestinal disabilities. The Veteran's service in Southwest Asia is noted, as are complaints of in-service GI problems.

The Veteran's request for waiver of overpayment of $13,617.00 was denied as recovery would not be against equity and good conscience.

The Veteran's service obligation was not considered active duty for the purpose of Chapter 33 educational benefits due to an agreement under 10 U.S.C. § 9348, which does not count as creditable active duty service.

The Board has decided to remand the Veteran's claims for service connection of her lower extremity disorders due to incomplete or missing service treatment records. The AOJ must obtain updated medical opinions and additional development, including a VA examination, to determine if the Veteran has a current disability related to her in-service complaints and whether it is at least as likely as not that such disability is related to her military service.

The Board has granted service connection for the Veteran's acquired psychiatric disorder, specifically unspecified trauma and stressor-related disorder, finding that it is related to his military service.

The Board denied service connection for a right foot disorder, finding that the current condition was not caused by service. The veteran's arguments were rejected as disagreement with how the evidence was weighed and evaluated.

The Board has granted the Veteran's challenge to the creation of an overpayment in the amount of $5,898.62 during a specific period from September 2011 to December 2015 due to VA's administrative error.

The Veteran's spouse, B.R., is recognized as his dependent for the period from June 14, 2003 to June 30, 2006 due to VA's decision in December 2019 waiving an overpayment and finding that he was married to B.R. during this time.

The Board found that the Veteran's termination of non-service-connected pension benefits due to fugitive felon status was improper and restored his benefits.

The Board has remanded the claim of service connection for insomnia due to a lack of an opinion on whether the Veteran's insomnia is related to his active duty service or if it was aggravated by his service-connected schizophrenia.

The Board has decided to remand the case due to incomplete information from Social Security Administration (SSA) regarding the Veteran's disability benefits and potential relevant records. The AOJ is instructed to make an appropriate request for SSA records, including copies of the Veteran’s application and decision.