Other conditions decisions — 2020

The Board has granted service connection for the Veteran's left hand wart removal disability, finding that there is at least equipoise evidence to support a nexus between the current condition and his military service. The decision also notes that the Veteran has experienced symptoms since service separation.

The Board has granted an increased apportionment of the Veteran's VA disability compensation benefits to the appellant, on behalf of their minor child Y.L., from $150.00 per month to 30 percent (about $500.00) of the Veteran's total monthly compensation.

The appellant was denied recognition as the Veteran's surviving spouse for DIC, death pension and accrued benefits because she was legally divorced from the Veteran at the time of his death.

The Board dismissed the appeal because the appellant did not file a timely Notice of Disagreement in response to the July 2019 apportionment decision.

The Board has found that there was an error in the duty to assist and has remanded for additional development, including obtaining consent forms and scheduling a VA examination.

The VA home loan guaranty benefits claim is being remanded due to the inability to locate the appellant's file.

The Board has previously remanded this case for further development, but there was no substantial compliance. The case is being returned to the RO for obtaining an accounting of pension payments and clarifying VA fund disbursement.

The Board has vacated the denial of service connection for neuritis of both upper extremities and granted it based on a finding that the condition is related to the Veteran's service-connected cervical spine disability.

The Board has remanded the Veteran's claims for service connection for left and right lower extremity nerve damage due to a lack of sufficient evidence.

The Board has remanded the Veteran's claims for service connection and TDIU due to insufficient medical opinions regarding the aggravation of his stomach condition by his service-connected disabilities, and incomplete information on his employment status.

The Board has decided to remand the case due to concerns raised in a Joint Motion for Remand (JMR). The matter is being returned for further review and consideration of whether VA care caused or resulted in additional disability claimed as perforated left tympanic membrane.

The Board has determined that the Veteran's fatal adenocarcinoma, which was at least as likely as not caused by his in-service exposure to pesticides, qualifies for service connection and grants the claim for the cause of the Veteran’s death.

The Veteran's dysthymia (now characterized as cyclothymic disorder with anxious distress) is rated at 70 percent from March 15, 2004. The Board also granted a TDIU effective March 15, 2004.

The Board denied the Veteran's claim for service connection for atrial fibrillation, finding that there was no evidence of chronic and continuous symptoms in service or after service separation. The Board also found that the condition is not otherwise related to service.

The Board dismissed the appeal of the waiver of recovery of overpayment of VA disability compensation benefits in the amount of $27,568.30 as there were no allegations of error of fact or law for appellate consideration.

The Board denied a higher rating for the Veteran's service-connected tensovascular cephalea, finding that his headaches do not meet the criteria for a compensable rating under Diagnostic Code 8100.

The Veteran's ADHD is not service connected due to the VA examiners' opinions that it likely arose in childhood and was not related to service. The case is remanded for further examination.

The Board denied service connection for a heart disability, finding that the Veteran's current heart conditions did not manifest in service or to a compensable degree within one year of separation. The Board also found no nexus between the Veteran's heart disabilities and his presumed exposure to herbicide agents during service.

The Board has decided that the Veteran's claim of entitlement to service connection for lupus should be remanded due to inadequate examination and failure to comply with hearing requirements.

The Board denied appeals regarding changes in VA additional compensation benefits due to the death of a spouse and subsequent marriage, finding that the actions taken by the AOJ were proper.