Other conditions decisions — 2023

The Veteran's left hip strain (limitation of extension) prior to March 7, 2023 was not productive of limitation of extension to 5 degrees. From March 7, 2023, the Veteran's left hip strain (limitation of extension) was assigned a 10 percent rating.,The Veteran's right hip strain (limitation of extension) prior to May 23, 2022 did not show limitation of extension to 5 degrees. From May 23, 2022, the Veteran's right hip strain (limitation of extension) was assigned a 10 percent rating.,The Veteran's right hip strain (impairment of the thigh) prior to May 23, 2022 did not show limitation of abduction beyond 10 degrees. From May 23, 2022, the Veteran's right hip strain was rated as 20 percent disabling.

The Board denied the Veteran's appeal regarding removing his former spouse M.R. as a dependent and denying entitlement to an earlier effective date for adding his current spouse E.T. as a dependent due to failure to report changes in dependents.

The Board has granted the Veteran's request to waive recovery of overpayment of VA pension benefits, finding that withholding would be against equity and good conscience due to the Veteran's incarceration.

The Board has remanded the case due to a lack of information regarding possible exposures specific to the Veteran and his service, including exposure to herbicides. The examiner is asked to determine if it is at least as likely as not that the Veteran's CLL was caused by or related to any confirmed toxic exposure risk activities (TERAs).

The Veteran's appeal for payment or reimbursement of medical services provided by Beavercreek Medical Center on February 12, 2017 is dismissed due to the death of the Veteran.

The Board denied the Veteran's request for additional dependency compensation for his grandchild in legal guardianship, finding that the term 'child' does not include a child under court custody or guardianship.

The Board has denied the Veteran's claim for service connection for a salivary gland disability, finding that there is no evidence to support a link between his current condition and his military service.

The Board has decided to remand the case for further review and recalculation of any remaining debt, as well as reconsideration of whether the Veteran is entitled to a higher rate of payment for CRSC/CRDP. The validity of the overpayment will also be reviewed.

The Veteran's left eye blindness is granted as service-connected, effective July 22, 1964.

The Board has remanded the case due to the need for additional medical records and an addendum opinion regarding the Veteran's sleep disorder.

The Board denied the Veteran's claim for service connection for ulcers, finding that there was no current diagnosis of ulcers in the medical records.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for right eye vision loss due to cataract surgery, finding that the current condition was not proximately caused by VA carelessness or negligence.

The Board has determined that a remand is necessary to ensure due process and a complete record for the Veteran's claim of compensation under 38 U.S.C. § 1151 for a penile condition due to VA medical treatment in August 2010.

The Veteran's dry eye syndrome is granted as secondary to his service-connected PTSD.

The Board has remanded the case to obtain an addendum opinion regarding whether any current right hand disability, including arthritis, is aggravated by (worsened in severity by) the service-connected CMT disease.

The Board has remanded the case for an addendum opinion to address whether the Veteran's right hip conditions are related to service, toxic exposure during service, or a pre-existing lumbar spine disability.