Other conditions decisions — 2018

The Board has decided to remand the case due to the need for additional development, including a VA examination.

The Veteran's cause of death was attributed to monoclonal paraproteinemia, but the Board has ordered a remand due to insufficient evidence regarding his exposure to herbicides in Korea and the relationship between his conditions and service.

The Veteran's service-connected conditions of weak spells and dizziness, as well as his newly diagnosed essential tremors, are granted. The conditions were found to be related to service.

The Board has decided that the Veteran's claim for service connection for nodular sclerosing Hodgkin’s disease, linked to exposure to Agent Orange during his first enlistment, should be remanded due to missing Social Security Administration records.

The Veteran's right and left leg varicose veins disabilities are rated at 40 percent each, with no higher ratings granted due to lack of persistent ulceration or other specific criteria.

The appellant withdrew her appeal for VA death pension benefits, and the Board has dismissed the case as a result.

The Board has ordered the AOJ to make further efforts to obtain copies of missing medical records and a new medical opinion on the relationship between the Veteran's myotonic myopathy and his service-connected disabilities. The case is being remanded for these actions.

The Veteran's death in July 2013 made the apportionment of his special monthly pension benefits moot, as no benefit was being paid at that time. The claim is dismissed.

The Veteran's overpayment of VA compensation benefits was denied as recovery would not be against equity and good conscience.

The Veteran's appeal for individual unemployability prior to August 14, 2015 has been dismissed due to the death of the Veteran.

The Board denied service connection for residuals of a small bowel resection, residuals of a ventral hernia repair as secondary to the small bowel resection, and pancreatitis as secondary to the small bowel resection due to lack of evidence linking these conditions to active duty service.

The Veteran's competency issue is being remanded for a new VA examination to determine if the Veteran is currently competent to handle disbursement of VA funds.

The Veteran's claim for an earlier effective date for a 30% rating for nasal polyposis with recurrent nasal polyps is denied as there is no evidence prior to December 13, 2013 that the criteria for such a rating were met.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's left shoulder rotator cuff tear of the supraspinatus tendon disability began in or is related to service. The claim will be readjudicated after obtaining a proper medical opinion.

The Board found that VA improperly withheld $150,000 in DIC payments due to a tort claim settlement. The correct amount of withholding is $75,000 as per the Settlement agreement and applicable regulations.

The Veteran's pulmonary emphysema is rated at 100% from October 18, 2013 to August 24, 2016. SMC at the housebound rate is granted for this period.

The Veteran's service-connected thoracic compression fracture has resulted in a noncompensable rating, but the Board grants a compensable evaluation of 20 percent for this condition.

The Veteran's claim for a disability rating in excess of 0 percent for chronic laryngitis, to include as due to lymphadenitis as a residual of tonsillitis, is denied from July 5, 2012. However, the Veteran is granted a 10 percent disability rating from June 18, 2014.

The Board dismissed the appeal for survivor's pension benefits as the appellant withdrew her appeal.,The claim of service connection for the cause of death was denied in 1992, and no new material evidence has been received to reopen this claim.

The Veteran's need for special monthly compensation based on the need for aid and attendance due to service-connected disabilities is remanded because there are outstanding medical records from Womack Army Medical Hospital and VA treatment records that have not been obtained.