Other conditions decisions — 2019

The Board has determined that the reduction of the Veteran's diaphragm hemiparalysis disability rating from 60 percent to 0 percent was proper. The case is now REMANDED for additional development and a new examination.

The Board has granted the waiver of an overpayment of DIC benefits in the amount of $48,416.00 due to undue financial hardship caused by the VA's mistake and the resulting overpayments.

The Board dismissed the Veteran's appeal for a total disability rating based on individual unemployability (TDIU) because the appeal was not filed in accordance with the Appeals Modernization Act.

The Board denied service connection for a neck condition and a right third finger fracture as there was no evidence of an in-service injury or illness that could be linked to the current conditions.

The Veteran's service connection claim for loss of teeth #7 and #10 due to combat wounds or trauma is remanded. The initial compensable rating claim for loss of teeth (#8 and #9) is also remanded as it may be impacted by the outcome of the service connection claim.

The Veteran's service-connected disabilities rendered him unemployable as of May 23, 2017. The Board denied an earlier effective date for Total Disability Rating based on Individual Unemployability (TDIU) due to the preponderance of evidence indicating he was not unemployed prior to that date.

The Board has granted an effective date of September 8, 2015 for the addition of the Veteran's spouse as his dependent to his VA disability compensation award. The decision is based on evidence that they entered into a common law marriage under Alabama law.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's dysthymic disorder is related to his military service. The examiner needs to determine if the condition was pre-existing and not aggravated by service.

The Veteran's right clavicle disability is being remanded for a VA examination to assess its current severity and manifestations.

The Board has determined that the Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for spondylolysis of L-5 need further development due to lack of substantial compliance with previous remand directives.

The Veteran's service-connected hidradenitis suppurative is currently rated at 30 percent and the Board has remanded both his increased rating claim and his TDIU claim due to the need for a VA examination.

The Board denied service connection for cause of death, finding that the esophageal cancer was not caused by service-connected PTSD or presumptive exposure to herbicide agents in service.

The Board has remanded the Veteran's claim for a determination on whether his left lower extremity condition, including any left foot condition, is related to service and specifically if it is secondary or aggravated by his service-connected lumbar strain with degenerative disc disease.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further consideration.

The Veteran's claim for a 100 percent schedular rating based on loss of use of both lower extremities has been granted, effective March 27, 2015. This grant also includes the associated collateral benefits such as SMC for the loss of use of both feet, financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, a certificate of eligibility for financial assistance in the purchase of specially adapted housing or a special home adaptation, and Dependents' Education Assistance (DEA) benefits.,The issue of additional SMC based on need for aid and attendance or housebound status is remanded to allow for further development.

The Board has remanded the case due to new evidence submitted by the Appellant, and both parties have requested that this evidence be reviewed by the AOJ first.

The Board found that the appellant was discharged from service as a result of an offense involving moral turpitude, and thus his character is a bar to receiving VA benefits.

The Board denied the Veteran's claims for service connection for a neck condition, secondary to his left hand muscle loss condition and for temporary total evaluation due to hospitalization in excess of 21 days. The primary reason was that the Veteran is not service-connected for his left-hand muscle loss condition, which is required for secondary service connection.

The Board has remanded the case due to a potential nexus between the Veteran's diabetes and his liver disease, which may affect the outcome of both claims.

The Board has granted service connection for dizziness, finding a continuity of symptoms since service and presuming the condition is related to military service.