Other conditions decisions — 2020

The Board has remanded the case to the VA Director of Compensation Service for adjudication of a TDIU prior to March 9, 2011 under 38 C.F.R. § 4.16(b).

The Board has granted the Veteran's claim for service connection for a disability manifested by heart palpitations, diagnosed as left ventricular hypertrophy and hypokinesis. The condition is found to be due to her service-connected hypertension.

The Board has remanded the case due to missing documentation related to a clothing allowance claim. The AOJ needs to reconstruct and upload all relevant records.

The Veteran's service-connected T-cell lymphoma and palmar keratosis are not sufficiently disabling to prevent him from obtaining or maintaining a substantially gainful occupation, thus his claim for total disability rating based on individual unemployability is denied.

The Board has determined that the Veteran's recurrent nosebleeds are aggravated by treatment for his service-connected varicose veins, and thus grants service connection for this aggravation.

The Board denied reimbursement for unauthorized private medical expenses incurred in February and March 2010 for right eye cataracts treatment because the care was not rendered due to a medical emergency, and the underlying condition (right eye cataracts) was not caused or aggravated by a service-connected disability.

The Board has denied the Veteran's claim for service connection of a sleep disorder, finding that there is no evidence of a current disability and insufficient medical records to support his assertion.

The Board denied service connection for bilateral cataracts due to the lack of medical evidence showing the presence of a current disability at the time the claim was filed.

The Veteran's claim for a higher rating and extraschedular consideration for his service-connected left wrist disability is remanded due to the need for further development. The TDIU claim is also remanded.

The claim for service connection for the cause of the Veteran’s death was denied because there is no evidence to support a finding that the Veteran's AML, which developed in July 2015, was related to any exposure to radiation during service.

The Board has granted service connection for squamous cell carcinoma of the lung, finding that it is at least as likely as not related to the Veteran's active duty service due to asbestos exposure. The claim was reopened based on new evidence provided by a private physician.

The Board has granted service connection for a disability manifested by fatigue, finding that the evidence is at least in equipoise as to whether the Veteran's current disability was incurred during military service or is proximately due to his service-connected asthma. The decision resolves all reasonable doubt in favor of the Veteran.

The Veteran's claims for special monthly pension based on need for aid and attendance and housebound rates were denied. Additionally, his claim for additional non-service-connected disability pension benefits as of June 1, 2004 was also denied.,VA determined that the Veteran did not meet the criteria for any of these benefits due to various reasons including income exceeding maximum annual pension rates.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from October 22, 2008, to November 13, 2008, at various providers is denied as he was not enrolled in the VA Healthcare System within the required 24-month period prior to his treatment.

The Board denied compensation under 38 U.S.C. § 1805 for a child of a Vietnam veteran born with spina bifida because the appellant does not have a diagnosis of spina bifida, other than spina bifida occulta.

The Veteran's disability rating for bronchiectasis with left lower lobectomy, status post left upper lobe adenocarcinoma, was reduced from 100% to 30%, effective November 1, 2015. The appeal is denied as the current rating of 30% is appropriate.

The Board denied the Veteran's claim for service connection for a dental condition, finding no credible evidence of in-service trauma or disease resulting in loss of teeth.

The Board has decided to remand the case due to a need for further development and opinion regarding the Veteran's mental health or sleep disturbances as a result of his foot disability.

The Board dismissed the appeal of the waiver of recovery of overpayment of VA compensation benefits in the amount of $38,745.00 as there were no allegations of error of fact or law for appellate consideration.

The Board has decided that the record for the claim of entitlement to medical expense reimbursement cannot be located and requires reconstruction. The Veteran requested a hearing, but it cannot be provided until the records are obtained.