Other conditions decisions — 2020

The Board has decided that the file for the claim of entitlement to payment or reimbursement of medical expenses incurred on February 9, 2013, at Memorial Hospital (MH) cannot be located and needs to be reconstructed. The case is being remanded.

The Board has determined that the Veteran's current left hand disability is related to his active duty service, and thus grants entitlement to service connection for residuals of left hand injury.

The Board has determined that there was a duty to assist error in not obtaining a medical opinion regarding the causation and foreseeability of the Veteran's loss of smell and taste senses, which is proximately caused by VA-prescribed medication. The case is being remanded for this purpose.

The Board has decided to remand the case due to a missing document in the claims file, which prevented them from conducting a de novo review. The appellant's failure to provide requested financial information led to the denial of her appeal.

The Board has granted the veteran's claim for basic eligibility for special monthly pension based on the need for regular aid and attendance, as well as payment of death pension with special monthly pension based on countable income.

The Veteran's adjustment disorder is rated at 70 percent, the highest available rating under the General Rating Formula for Mental Disorders.

The Veteran's right eye disability, which includes a post-operative traumatic cataract with aphakia and scotoma, is currently rated at 30 percent. The claim for a higher rating is denied as the maximum allowable rating has been granted.

The Veteran's insomnia disorder resulted in occupational and social impairment with reduced reliability and productivity, but not to the extent that it caused deficiencies in most areas or total social and occupational impairment.

The Board has decided that the National Cemetery Administration (NCA) denied the Appellant's claim for eligibility to be buried in a VA national cemetery. The decision is being remanded due to a pre-decisional error where relevant service personnel records and treatment records were not fully obtained.

The Veteran's claim for an increased rating of anxiety disorder was granted in January 2019 with a 50% evaluation effective July 29, 2011. The appellant received attorney fees based on the past-due benefits awarded from that date to the grant of the decision. Additional attorney fees are denied as the total award of past-due benefits was already accounted for in the fee decision.

The Board has decided to remand the case due to missing documents regarding the appellant's intent to file a claim for survivors pension and/or dependency and indemnity compensation. The VA needs to locate these records and associate them with the claims file.

The Board has determined that the procedural steps for a simultaneously contested claim have not been completed, and thus remands the case to ensure full compliance with the required procedures.

The Board dismissed the appeal because the drill pay withholding for FY 2018 was removed, and there are no remaining allegations of error.

The Board has determined that the matter is not ripe for appellate review due to procedural issues and has ordered a remand to ensure full compliance with contested claims procedures.

The Board denied service connection for residuals of a right foot injury, finding that the evidence did not support a link between current disabilities and an in-service injury.

The Veteran's left eye blindness, resulting from surgery performed by VA in October 2008, was not caused by any fault on the part of VA. The Board denied compensation under 38 U.S.C. § 1151.

The Board denied the Veteran's claims for service connection for residuals of a head injury, dental problems, and sleep problems due to lack of relevant new evidence.

The Veteran's diagnosed pneumoconiosis, restrictive lung disease, and pleural plaques are related to asbestos exposure during his active duty service. The Board has granted the claim for a respiratory disability.

The Board dismissed the appeal of the appellant's claim for an earlier effective date for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1151, as affirmed by the Court.

The Board dismissed the appeal because there was no overpayment and the Veteran was paid correctly based on the earlier effective dates for service connection and SMC.