Other conditions Board decisions

The Board has decided to remand the case due to a duty to assist error, requiring an addendum VA medical opinion on the relationship between the Veteran's service-connected diabetes mellitus and his liver cancer.

The Board granted a waiver of the recovery of an overpayment of VA improved death pension benefits, finding that it would be against equity and good conscience to collect the debt due to financial hardship.

The Board denied service connection for fatigue, restless legs, and muscle and joint pain as the evidence did not support a finding of current disability or in-service incurrence.

The Board has remanded the case due to an inextricably intertwined issue regarding a motion for reconsideration and CUE claim. The earlier effective date of service connection for the cause of death is being referred back to the AOJ.

The Veteran's claim for service connection for inguinal bilateral hernia has been reopened, and the appeal is granted to this extent. The case is remanded due to the need for a VA examination.

The Veteran's cause of death, metastatic pancreatic cancer and cholangiocarcinoma, was not due to a service-connected disability. The Board found no evidence linking the conditions causing his death with exposure to herbicides or his active service.

The Veteran's left knee disability, including arthritis with limitation of motion, meniscal tear, and instability, is rated at 10 percent since October 9, 2013. The rating will be adjusted based on the specific issues addressed.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's exposure to Agent Orange during his service in Thailand. The case will be returned for further verification of this claim.

The Veteran's service-connected cervical, lumbar, hemorrhoid, and headache disabilities do not preclude him from securing and following a substantially gainful occupation. The Board denied the claim for service connection of a stomach disability as there was no evidence to support its relationship with service or any service-connected condition.

The Board denied the Veteran's claim for service connection for a lung condition, finding that it is less likely than not due to or aggravated by his active duty service and more likely due to over 50 years of smoking.

The Board has remanded the case due to incomplete records and a need for a medical opinion regarding the etiology of the Veteran's Acute Myeloid Leukemia (AML). The case will be returned to the AOJ with instructions to obtain missing treatment records from the Doctors Hospital of Loredo, including the Veteran's dates of service. A VA specialist must then provide an opinion on whether it is at least as likely as not that the AML had its onset during active service or within one year of separation from service, or is otherwise related to his active military service, to include exposure to herbicide agents and/or aircraft emissions.

The Veteran's bilateral keratoconus has been rated at 30 percent since July 1, 2004. The Board found that the visual acuity remained normal with contact lenses and did not warrant a higher rating.

The Veteran's basal cell carcinoma was found to be a compensable disability within the first year after service, meeting the criteria for presumptive service connection.

The Board has determined that additional development is needed for the Veteran's claims of increased ratings for shin splints, right leg and left leg. The Veteran was not afforded VA examinations to determine the current level of severity due to an inability to contact him at his current address.

The Board has denied the Veteran's claims for service connection for NPH, a back disorder, and TDIU due to service-connected disabilities. The decision found that there is no evidence linking these conditions to his military service.

The Board dismissed the claims of total disability based on individual unemployability, special monthly compensation for need for aid and attendance or housebound status, and compensation under 38 U.S.C. § 1151 for bilateral blindness as the Veteran did not file a timely substantive appeal.

The Board has remanded the Veteran's claims for bilateral knee disabilities due to inadequate reasons and bases in previous VA examinations, including a need for an addendum medical opinion.

The Board has remanded the claims for service connection for bilateral hip disabilities due to inadequate opinions regarding the relationship between the Veteran's service-connected back disability and his bilateral hip disabilities. The case is being returned for further development, including obtaining an etiology opinion addressing the relationship of any current hip disabilities with service.

The Board has remanded the case for additional development, including obtaining addendum opinions from the VA examiner who conducted the September 2019 examinations regarding the severity of the Veteran's service-connected bilateral knee and hip disabilities.

The Board found that the overpayment of VA compensation benefits was validly created due to the Veteran's failure to promptly notify VA of her March 2009 divorce, and thus concluded that it was not solely due to administrative error.