Other conditions decisions — 2023

The Board denied the Veteran's claim for a waiver of overpayment, finding that his challenges to the creation of the overpayment were excluded from this appeal and thus not addressed. The Board also clarified that its legal test proposed by the Veteran's counsel was inconsistent with governing law.

The Veteran's claim for a higher disability rating for his service-connected right elbow disability was denied by the Board. The current rating of 30 percent is maintained as it does not meet or approximate the criteria for a higher rating.

The Board found that the Veteran was not legally entitled to Chapter 33 education benefits for the school term from January 9, 2017 to May 2, 2017, in the amounts of $2,867.40, for monthly housing allowance because he had already completed his MBA program by the end of the 2016 fall semester and was not required to take additional courses. As a result, VA benefits were stopped retroactively, creating an overpayment that is considered a valid debt.

The Veteran's niece is not eligible to pursue service connection for the cause of his death. The hernia and abdominal tumor claims are remanded, as well as the claim for burial benefits.

The Board has decided to remand the case due to insufficient medical opinions and the need for additional private medical records. The Veteran's right arm bicep condition, including diastasis, is being reviewed again as there are inconsistencies in the provided evidence.

The Veteran's meralgia paresthetica, left thigh, anterior crural (femoral) nerve condition is rated at a 20 percent disability level for the entire appeal period.

The Board has decided to remand the Veteran's claim for service connection for a right foot disability, other than pes planus, to include Morton's neuroma due to insufficient examination and incomplete medical opinion.

The appeal was dismissed due to the appellant's death, and no service connection issues were decided.

The Board has determined that the Appellant's periods of active duty for training (ACDUTRA) at Camp Lejeune, North Carolina, may be considered as a period of service. The appeal is remanded to obtain an addendum opinion from an appropriately qualified clinician addressing the onset and etiology of the Appellant's skin condition of the feet, including whether it was caused by exposure to contaminated water at Camp Lejeune.

The Board has decided to remand the Veteran's claim for service connection of a hemorrhagic pituitary macroadenoma disability due to incomplete records from Vanderbilt University Medical Center. The claims file must be updated with these records and any other relevant medical records.

The Board has remanded the case due to failure to verify the Veteran's current mailing address and schedule him for a VA examination.

The Veteran's right ring finger disability was manifested by an amputation proximal to the PIP joint without metacarpal resection, warranting a 10% rating. The Board denied a higher rating as there was no evidence of more than one-half of the bone lost.

The Board denied the Veteran's claim for service connection of a stomach disability, finding that there was no evidence to support a relationship between his current condition and his military service.

The Veteran's claim for an initial compensable rating for bilateral cerumen impaction prior to February 4, 2023 is being remanded due to the failure of the Veteran to attend scheduled VA examinations and her assertion of additional ear-related conditions. The case will be readjudicated after obtaining a retrospective opinion from an appropriate clinician.

The Board has determined that the Veteran's left hip disorder is not related to service or a service-connected condition, and thus denied his claim for service connection.