Other conditions decisions — 2019

The Veteran's appeal regarding special monthly compensation (SMC) paid at a rate in excess of the amount paid under 38 U.S.C. § 1114(l) is being remanded due to new evidence not having been considered by the AOJ.

The Board has remanded the case due to incomplete development and failure to issue a supplemental statement of the case (SSOC). The appellant is requested to provide a completed VA form 21-4102 from her husband's former employer, and a retrospective opinion on his ability to work will be obtained.

The Board has determined that the Veteran's left total hip replacement is related to his military service and grants service connection for this condition.

The Veteran's service connection claims for a vision problem, tooth loss, and an unspecified condition due to Agent Orange exposure have all been denied.,There is no current diagnosis of any Agent Orange related condition upon which to predicate a claim for service connection. The Veteran has not offered any competent and credible medical evidence supporting his assertions nor has he demonstrated that he has the knowledge, training, or education required to diagnose this type of medical disability.,The Veteran's currently diagnosed open-angle glaucoma causing vision impairment is less likely than not incurred in or caused by boxing injuries sustained while in service.

The Board has granted service connection for right and left ankle disorders, including Achilles disorders, finding that the Veteran's current diagnoses are at least as likely as not related to his active duty service.

The Board has remanded the case due to insufficient medical evidence regarding the Veteran's cause of death and his service-connected lupus condition.

The Board has remanded the Veteran's claims for service connection for a stomach condition and skin rash due to inadequate medical opinions. The Veteran contends that his conditions started in service after being diagnosed with rheumatic fever.

The Board has decided to remand the case due to an inadequate VA examination, and a new opinion is needed regarding whether the Veteran's hepatic steatosis is related to contaminated water exposure at Camp Lejeune during service.

The Veteran's right elbow disability is currently rated at 10 percent, and the Board has ordered a new VA examination to determine if his symptoms have worsened since the last examination in April 2014.

The Veteran's appeal for service connection for a lung disability, including interstitial lung disease, desquamative interstitial pneumonia, and pulmonary fibrosis, has been dismissed due to the Veteran's death.

The Board has decided to remand the case due to incomplete records and need for a new VA examination. The Veteran's acquired psychiatric disability, including adjustment disorder, is being reviewed again.

The Board has decided to remand the case due to the need for a paid and due audit regarding the validity of the overpayment amount, as well as the creation issue. The Veteran's waiver request will be considered after this is resolved.

The Board denied the Veteran's claim for service connection for strokes, finding insufficient evidence to establish a nexus between his current stroke condition and active service. The decision also noted that there was no exposure to herbicide agents or ionizing radiation during service.

The Veteran's appeal to have the effective date for his TDIU changed from February 27, 2017 to an earlier date was dismissed because he did not submit a proper Notice of Disagreement.

The Board has determined that additional development is needed to determine if VA's failure to obtain informed consent caused the Veteran's CVA, and therefore remands the case for further action.

The appeal was dismissed due to the death of the appellant.

The Board dismissed the appeal due to the Veteran's death, and no service connection was granted or denied.

The Board has determined that terminating the appellant's apportioned share of the Veteran’s nonservice-connected pension benefits, effective August 1, 2018, was proper and denied the appeal.

The Veteran's nonservice-connected pension benefits were awarded on September 7, 2018. The Board denied an earlier effective date based on the lack of a claim or intent to file a claim prior to that date.

The Veteran's claims for service connection for depression and obstructive sleep apnea, as well as the earlier effective dates for TDIU and DEA benefits, are being remanded due to a duty to assist error. The Veteran must be scheduled for an informal conference.