Other conditions decisions — 2020

The Board denied the veteran's surviving spouse's claim for survivors' pension benefits due to insufficient information provided regarding her income and net worth.

The Veteran's net worth is not excessive for the purpose of establishing entitlement to special monthly pension based on the need for regular aid and attendance, so his claim is granted.

The claim for death pension with aid and attendance was dismissed because the appellant did not properly file a Notice of Disagreement (NOD) as required by law.

The Veteran's claim for non-service connected burial benefits was denied because the appellant failed to submit required evidence within the two-year time limit after her spouse's death.

The Board denied a waiver request for an overpayment of $1,557 due to the Veteran's failure to notify VA of his change in marital status. The decision found that recovery would not be against equity and good conscience as there was no indication of unjust enrichment or undue hardship.

The Veteran's step-son, R.S., is not recognized as his dependent child for VA purposes due to failing the criteria of becoming a stepchild before age 18 and being permanently incapable of self-support prior to attaining age 18.

The Board has granted service connection for essential thrombocythemia, finding that the condition is at least as likely as not related to the Veteran's in-service exposure to herbicides, including Agent Orange. The decision is based on medical opinions and the presumption of exposure.

The Board denied the Veteran's claims for service connection for low testosterone secondary to hypertension and increased ratings for lower extremity radiculopathy, finding no evidence that the conditions are related or aggravated by his service-connected disability.

The Veteran's overpayment of educational assistance benefits was denied as she was not legally entitled to the benefits for the school term from October 27, 2014 to February 26, 2015.

The Board has granted a rating of 20 percent for bilateral knee disabilities, effective from the date of the decision.

The Veteran's calcified pleural plaques are being remanded for further evaluation and rating consideration.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's blood disorder is related to his service, specifically his presumed herbicide agent exposure. Additional development is needed including obtaining authorization for records from UNM Cancer Hospital and providing a new VA medical opinion.

The Veteran's claim for a compensable rating for his service-connected perforated left ear drum is remanded due to the need for a contemporaneous VA examination and updated treatment records.

The Veteran's chronic lesion of the left palm is rated at 20 percent, and no higher. The rating is based on painful and unstable scars.

The Board has denied the Veteran's claims for service connection for cysts of the right hand and right foot, claimed as tumors, left foot condition, and right foot condition. The case is being remanded to obtain an addendum opinion regarding the Veteran's sleep apnea.,The Veteran contends that his diagnosed sleep apnea may be aggravated by his service-connected major depressive disorder.

The Board has remanded the case due to incomplete development regarding the Appellant's military service. The case must be further developed by obtaining relevant records from the Selective Service System.

The Veteran's unspecified neurocognitive disorder, claimed as memory loss, is granted service connection secondary to PTSD. An initial rating of 10 percent for the loss of sense of smell is also granted.

The Board has remanded the case due to insufficient reasons and bases regarding the denial of a compensable disability rating for the Veteran's repaired inguinal hernia. The parties agreed that the Board should consider whether the Veteran is entitled to compensation or a separate rating for neurologic symptoms from her hernia repair.

The Board has granted service connection for lateral epicondylitis of the left elbow, finding that the evidence is at least evenly balanced as to whether this condition began during active service.

The Veteran's right-hand crush injury residuals were rated at 10 percent from June 14, 2013 to July 26, 2020. Beginning July 27, 2020, the rating was denied.