Other conditions decisions — 2020

The Board has remanded the case due to inadequate opinions regarding whether transient ischemic attacks are related to service, including herbicide exposure. The Veteran's service-connected PTSD is also being considered for aggravation of these attacks.

The Board denied the Veteran's claim for service connection for the cause of death in the line of duty due to his own willful misconduct, as evidenced by his alcohol intoxication at the time of the motorcycle accident.

The Board has denied the Veteran's claims for service connection for chronic pneumonia and respiratory disorder, other than pneumonia. The case is being remanded to obtain a medical opinion regarding the etiology of any current respiratory conditions.

The Board is remanding the case due to issues related to special monthly compensation based on the Veteran's need for regular aid and attendance of another person or being permanently housebound. The Appellant needs to provide additional information regarding psychiatric treatment records and expenses incurred during his mother's last sickness and burial.

The Board denied the Veteran's claims for service connection for cholecystitis and a stomach disorder due to lack of evidence demonstrating current disabilities.

The Board has dismissed the appeal as there are no allegations of errors of fact or law for appellate consideration regarding the issue of entitlement to service connection for DIC. The appellant has been awarded all available DIC benefits, including burial benefits.

The Board has determined that the evidence is in equipoise, and thus grants service connection for subdural hemorrhage as secondary to bilateral reflex sympathetic dystrophy.

The VA reduced the Veteran's disability compensation benefits due to concurrent receipt of military service drill pay for a period of 24 days in FY 2018, and this reduction was deemed proper.

The Veteran's service-connected status-post pulmonary embolus is rated at 60 percent, and the Board denied a higher rating as there was no evidence of primary pulmonary hypertension or other manifestations that would warrant a higher rating.

The Veteran's appeal for a rating in excess of 10 percent prior to May 31, 2019 and in excess of 20 percent thereafter for intervertebral disc syndrome (IVDS) has been dismissed due to the Veteran withdrawing his request for a Board hearing.

The Veteran's appeal is being remanded to address his challenge to the validity of the overpayment amount and his claim for apportionment of benefits. The Board cannot proceed with these issues until they are resolved.

The Veteran's cause of death, esophageal cancer, is found to be related to his in-service herbicide exposure (Agent Orange). The Board grants service connection for the cause of death.

The Board denied a further dependency allowance for the Veteran's son, G, as he was over 23 years old and not pursuing education at an approved institution.

The Board dismissed the appeal because the appellant requested to withdraw their appeal before a decision was made.

The Board denied the appellant's request for an effective date prior to November 1, 2018 for the award of an apportionment of the Veteran's VA compensation benefits. The decision was based on the fact that the previous denial became final due to the untimely submission of a notice of disagreement and the subsequent grant of the reopened claim.

The Veteran's overpayment claim was dismissed because the Veteran died before he could file a notice of disagreement, and thus there is no case or controversy for appellate consideration.

The Board has remanded the case due to a failure to obtain an assessment of the Veteran's radiation exposure during service, which is required for service connection.

The Board has determined that new and relevant evidence has been submitted to support the Veteran's claims for service connection for a mouth and/or jaw disability and left foot strain. The cases are being remanded for further examination and opinion.

The Veteran's spouse is granted entitlement to a government-furnished headstone or grave marker as the Veteran died after November 1, 1990 and was buried in a private cemetery. The VA previously provided a marker but it was destroyed during reinterment. As all criteria were met, the claim for a government-furnished marker is granted.

The Board has decided to remand the case due to a need for additional examination and medical opinion regarding the Veteran's claim of service connection for an adjustment/mood disorder as secondary to his service-connected back/spine disability.