Other conditions decisions — 2020

The Veteran's cervical spine disability prior to December 9, 2015 did not meet the criteria for a rating in excess of 10 percent due to limited range of motion and no evidence of ankylosis or intervertebral disc syndrome.

The Veteran's appeal is remanded for a new examination to assess the severity of his service-connected narcolepsy. The issue regarding SMC based on aid and attendance will be referred for extraschedular consideration.

The Veteran's appeal for an earlier effective date for the award of service connection for right TMJ dysfunction was denied. The Board found that the May 2007 rating decision, which initially denied this claim, became final and thus no earlier effective date could be granted.

The Veteran did not have active duty service during a recognized period of war, so the surviving spouse is not eligible for survivors' pension benefits.

The Board has determined that the Veteran's insomnia is at least as likely as not related to his service-connected tinnitus, and thus grants service connection for this condition.

The Board has granted the Veteran's request for waiver of recovery of overpayment of VA compensation in the amount of $2,211.00 due to financial hardship.

The Veteran's application for S-DVI was denied because he failed to submit a premium payment with his initial application, despite being informed of the requirement in multiple communications.

The Veteran's non-Hodgkin's lymphoma with fatigue and weight gain has been in remission since treatment ended in 2003. The Board found no residuals of the condition warranting a compensable rating, as there was no evidence of active disease or metastasis. The issues of entitlement to increased ratings for chemotherapy induced premature menopause, female sexual arousal disorder, and TDIU are remanded due to duty-to-assist errors.

The Board has determined that the removal of the Veteran's dependent spouse from his VA compensation benefits, effective August 1, 2009, was proper due to a lack of timely provided information.

The Board has granted service connection for squamous cell carcinoma of the mouth, neck, and tongue due to exposure to herbicide agents in Vietnam. The decision affords the Veteran the benefit of doubt as there is expert evidence linking his condition to his time on active duty.

The Veteran's claim for a Special Home Adaptation Grant was denied because he already had Specially Adapted Housing, and the law precludes the award of both benefits.

The Veteran's claim for an earlier effective date for special monthly pension (SMP) based on the need for aid and attendance is remanded due to incomplete records.

The Veteran withdrew his appeal for individual unemployability, and the Board has dismissed the case.

The DIC claim is denied as the Veteran was not rated totally disabled for at least 10 years prior to his death. The service connection claims are remanded due to a duty to assist error.

The Veteran's claims for increased ratings are remanded due to the need for additional medical opinions and consideration of all submitted evidence.

The Veteran's claim for an increased rating for post-operative right hemicolectomy was denied because he failed to report for a scheduled VA examination without providing good cause.

The Board has remanded the case due to inadequate efforts in scheduling a VA examination for the Veteran's right arm disability. The Veteran is seeking service connection for his right arm disability, which he claims is related to his active service.

The Board denied the Veteran's claims for service connection for residuals of prostatitis, bowel condition (claimed as bowel problems), and stomach condition (claimed as stomach problems) due to a lack of current diagnoses and no evidence linking these conditions to his military service or any service-connected disabilities.

The Board has granted service connection for a right rib/thoracic injury, finding that the Veteran's current condition is related to an in-service parachuting accident. The Board resolved all doubts in favor of the Veteran.

The Board denied the Veteran's claim for service connection for gout, finding that there was no evidence to support a direct or secondary relationship between his current condition and his military service.