Other conditions decisions — 2020

The Board denied the claim for service connection for a pulmonary disability, including interstitial pulmonary fibrosis, finding that there is no evidence linking the current condition to active service or presumed exposure to herbicide agents.

The Veteran's appeal is denied as he did not file a claim for additional compensation for his dependent child, J.M., based on school attendance before the one-year deadline after her 18th birthday. The effective date of the award remains August 13, 2018.

The Board denied the Veteran's appeal, finding no clear and unmistakable error in the August 2002 administrative decision that found his character of service was under other than honorable conditions due to willful and persistent misconduct. The Board concluded that the correct facts were known at the time and applied the law correctly.

The Board has determined that the case must be remanded to obtain additional information and opinions regarding the Veteran's cause of death, his exposure to asbestos in service, and the relationship between his conditions and his service.

The VA's withholding of DIC payments due to a tort claim settlement is upheld, and the appeal for service connection is denied.

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

The Veteran's claim for attorney fees based on past-due benefits awarded in a January 2020 rating decision has been dismissed as the former representative and law firm have waived their right to such fees.

The Veteran's claim for an initial compensable rating for his service-connected status post dip fracture right little finger is denied because there is no evidence to suggest that the arthritis involves interphalangeal, metacarpal, and/or carpal joints.

The Board has decided to remand the claims for service connection for a toenail condition and a skin condition of the feet due to new evidence received after the March 2012 denial. The Veteran is entitled to a VA examination to determine if these conditions are related to his military service.

The Board has remanded the case due to a lack of adequate medical opinion regarding the Veteran's claimed pneumonia disability, which is related to his active duty service. The Veteran contends that his current condition is linked to exposure to environmental irritants during service.

The Veteran's compensation benefits for the months of March 2017, April 2017, May 2017, and June 2017 were restored due to a waiver granted by the Committee on Waivers and Compromises.

The Board has remanded the case due to insufficient medical evidence regarding the etiology of the Veteran's colitis/Crohn’s disease and whether it is related to his service or secondary to a service-connected disability. The Veteran was diagnosed with this condition in 2005, but there are gaps in the medical records that need to be filled.

The Veteran's claim for a higher evaluation for radiculopathy of the lower extremities was denied prior to May 13, 2010 and in excess of 10 percent from August 22, 2017. The claim is granted with a 20 percent evaluation beginning July 7, 2014.,The Veteran's claim for TDIU and higher evaluation for lumbosacral strain (back condition) was remanded.

The Board has denied a rating in excess of 10 percent for the Veteran's skin rash and has remanded the issue of whether his service-connected disability renders him unemployable.

The Board has remanded the case due to inadequate examination and incomplete reasoning in the previous decision. The Veteran's eye disorders are being reviewed again for direct service connection, secondary service connection, and herbicide exposure.

The Board dismissed the appeal as there was no valid claim for an apportionment of the Veteran's VA compensation benefits from any of his family members.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's right thumb disability, specifically whether it is related to service. The Veteran needs a VA examination to provide this information.

The Veteran's claim for additional compensation benefits for dependent parents was denied because the evidence did not show that his parents had insufficient income to cover their expenses and those of their adult children.

The Veteran's claim for an initial compensable rating for left epididymitis (also claimed as varicocele and swollen left testicle) is being remanded due to conflicting medical opinions from previous examinations.

The Board has decided the appeal is remanded due to inadequate VA examination and need for additional evidence.