Other conditions decisions — 2023

The Veteran's right hip disability was granted a 20% rating for the period from September 1, 2017 to December 9, 2020.

The Board has granted a waiver of recovery for an overpayment in the amount of $12,082.53 resulting from educational benefits under the Post-9/11 GI Bill. The decision is based on factors including no indication of fraud or misrepresentation and that recovery would be against equity and good conscience.

The Veteran's divorce from the appellant occurred before his death, and as a result, she cannot be recognized as his surviving spouse for purposes of dependency and indemnity compensation (DIC). The Board denied her claim.

The Board has remanded the case due to insufficient evidence regarding the Veteran's eye symptoms and their relationship to his service-connected rhabdomyolysis. The VA is instructed to obtain additional records from Casey Eye Institute and provide an updated medical opinion.

The Board denied the Veteran's claim for payment or reimbursement of non-VA medical care rendered on July 9, 2018, as it was not an emergency and no prior authorization was provided.

The Board has decided to remand the case due to conflicting evidence regarding the Appellant's service and the need for clarification. The appeal will be reviewed again with additional requests for verification of service.

The Board is remanding the case to verify if M.L.B. and M.E.B., who are stepchildren of the Veteran, were part of his household after July 3, 2014, and whether they received DEA benefits under Chapter 35 during that period.

The Veteran's left tibia fracture resulted in painful or limited motion, but did not meet the criteria for a higher rating based on flexion or extension limitations. The Board denied an increased rating as his condition does not warrant a rating higher than 10 percent.

The Veteran's service-connected stress fractures of the right and left tibia, as well as shin splints in both legs, are rated at 10 percent each. The Veteran is granted separate 20 percent ratings for his right and left shin splint instability.

The Board denied the Appellant's request to reopen her DIC claim for cause of death and service connection for cause of death, finding no new or material evidence that relates the Veteran's cause of death to his active duty service.

The Board has decided to remand the Veteran's claims for bilateral flatfeet and joint pain due to inadequate examination findings, lack of consideration of lay statements regarding symptoms in service, and potential Gulf War exposure. The case will be returned for further development.

The Board has remanded the case for further development and to obtain medical opinions regarding the cause of the Veteran's death. The issues are service connection for sepsis and cholangiocarcinoma.

The Board has decided to remand the case due to insufficient records and an inconsistent medical opinion. The Veteran's lip and nose paresthesia and numbness are being evaluated for potential compensation under 38 U.S.C. § 1151.

The Veteran's prostate disability was not caused or aggravated by his service-connected bilateral hip total arthroplasty, and there is no evidence of a current bladder disability.,Service connection for both prostate disability and bladder disability has been denied as the evidence does not support a finding that these conditions are related to service.

The Veteran's service connection claim for severe anemia is denied. The Board finds that the evidence does not show a causal relationship between her in-service caesarean section and her current diagnosis of overactive bladder syndrome, which she contends was caused by her in-service surgery.