Other conditions Board decisions

The Board has dismissed the appeals for special monthly compensation based on aid and attendance, loss of use of bilateral lower extremities, and automobile or adaptive equipment eligibility due to the death of the Veteran.

The Veteran's death was ruled as a suicide, and there is no evidence to support the claim that his death was caused by any service-connected condition.

The Veteran's service records do not show treatment for scarlet and rheumatic fever during his active duty. The Board is unable to determine that no reasonable possibility exists that using code M05-V would not result in obtaining the outstanding inpatient records from William Beaumont Army Hospital.

The Veteran's service connection claim for basal cell carcinoma, claimed as skin cancer, due to herbicide agent exposure is denied. The Board found that the current disability was not shown in service or within a presumptive period and there was no credible evidence of continuity of symptomatology.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for an additional right eye disability caused by a July 2014 VA right eye corneal debridement procedure, finding that the preponderance of evidence did not support the claim.

The Veteran's right knee condition is rated at 10 percent for patellar tendonitis and patellofemoral pain syndrome, with a separate rating of 10 percent for instability. Right lower extremity radiculopathy has been granted service connection, while left lower extremity radiculopathy and left knee disability are remanded.

The Board has granted service connection for right eye floaters, finding that the Veteran's current diagnosis of right eye floaters is due to his service. The decision resolves all reasonable doubts in favor of the Veteran.

The Board has remanded two issues: the first is to determine a compensable rating for residuals of a left great toe fracture, and the second is to determine service connection for a right foot condition secondary to the left great toe fracture. Both issues require additional medical examination.

The Veteran withdrew their appeal for eligibility of a non-service-connected pension, and the Board dismissed it.

The Veteran's initial rating for residuals of a left tibial tumor status post excision with hardware placement and bone graft was denied as his disability did not meet the criteria for an increased rating in excess of 10 percent.

The Veteran's appeal is remanded for further evaluation of her bilateral shin splint disabilities and knee osteoarthritis, as well as any potential service connection claims.

The Board has remanded the cases due to failure to comply with prior remand directives regarding service connection for AML and cause of death.

The Board has determined that the matter is not ripe for appellate review due to procedural issues and remands it back for compliance with contested claims procedures.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to assess the severity of the Veteran's celiac sprue disability throughout the appeal period.

The Board has denied the Veteran's claims for service connection, death pension, TDIU, and DIC under 38 U.S.C. § 1318 due to lack of evidence regarding the cause of death and because the Veteran did not have wartime service. The appeal is being remanded for further action on accrued benefits purposes.

The Board denied the Veteran's request for an earlier effective date of May 8, 2019 for a 100% disability rating for ventral hernia. The Board found that there was no factually ascertainable increase in severity of the hernia within one year prior to May 8, 2019.

The Board has decided that the Veteran's mitral valve prolapse with mitral valve repair is related to his active duty service, including active duty for training from July 12 to July 15, 2018 while a member of the Army Reserve. However, the VA examination provided was inadequate and thus the case is being remanded for further evaluation.

The Board has decided to remand the request for waiver of overpayment due to retroactive reduction for removal of a dependent spouse. The decision is based on inconsistencies in when the first spouse was added to the award and whether the child should have been included.

The Board denied an earlier effective date for the recognition of B.N. as the Veteran's spouse for additional dependency compensation due to lack of evidence within a year of the September 2009 notification letter.

The Board has granted a waiver of the recovery of an overpayment of $18,729.50 due to VA fault in calculation and unjust enrichment.