Other conditions decisions — 2020

The Board has ordered a remand due to the need for additional development, including obtaining an addendum opinion from a qualified clinician regarding the Veteran's joint and/or muscle pain, to include arthritis. The examiner must consider the Veteran's complaints of arm and shoulder muscle pain at the September 1983 separation examination and pulled muscle(s) in the August 1986 Reserve Component treatment record.

The Board denied the appeal as the appellant's character of discharge is a bar to VA compensation benefits due to prolonged unauthorized absence without compelling circumstances and willful and persistent misconduct.

Your appeal for total disability due to service-connected conditions has been dismissed because the Veteran passed away during the appeal process.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's chronic respiratory disorder is related to service, specifically his treatment for bronchitis during service.

The Board dismissed the appeal due to the appellant's request for withdrawal of all issues.

The Board denied service connection for a left elbow disability and granted an initial rating of 10 percent for hypertension. The Veteran's current left elbow disability is not considered to be related to his military service.

The Veteran's appeal for an annual clothing allowance due to the use of wrist braces, back brace, and pain cream has been dismissed as she withdrew her request for a hearing.

The Veteran's claim for an increased rating greater than 70 percent for service-connected mood disorder was denied. The appeal also included a request for a TDIU, which the RO granted effective May 27, 2011.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has granted service connection for myelodysplastic syndrome (MDS) due to herbicide exposure, and restored DIC benefits based on the same.,The Veteran's MDS is presumed to be related to his service in Vietnam.

The Board denied service connection for essential tremors disorder as the evidence did not support a finding that it was incurred in or aggravated by active duty service.

The Board denied service connection for a skin disability and lung disability, both claimed as secondary to an oil spill during service. The claim for residuals of a back injury is being remanded.,There was no evidence linking the current skin or lung disabilities to service.

The Board has decided to remand the case due to insufficient evidence regarding the severity of the Veteran's service-connected respiratory disabilities, specifically status post-surgery spontaneous pneumarthrosis and small airways disease. A new VA examination is required to determine these issues.

The Board denied the Veteran's request for a waiver of overpayment of VA compensation benefits due to FY 2017 and FY 2018, finding that recovery would not be against equity and good conscience.

The Veteran's appeal for an earlier effective date for additional dependency compensation is denied as the latest possible effective date is July 24, 2019, when VA received his request to add dependents. The claim must be denied due to lack of legal merit.

The Board has granted the Veteran's claim for service connection for supraventricular arrhythmia as secondary to his service-connected Parkinson’s disease, finding that there is an approximate balance of positive and negative evidence in favor of this determination.

Service connection for hematuria and a malignant neoplasm of the genitourinary system is granted.,An initial disability rating in excess of 20 percent for lumbosacral strain is denied.

The Board denied the appellant's claim for survivor’s pension benefits due to her net worth exceeding the VA pension net worth limitations effective December 1, 2018 and December 1, 2019. The assets in an irrevocable living trust were considered as part of her net worth, preventing her from receiving pension benefits.

The Board has granted service connection for duodenal ulcer (ulcer) on the basis that it was aggravated during active duty, and not due to a pre-existing condition.

The Board has determined that the overpayment of VA compensation benefits was not properly created due to administrative error on the part of the AOJ, and thus the appeal is granted.