Other conditions decisions — 2020

The Veteran's income did not exceed the maximum annual pension rate, allowing him to receive nonservice-connected pension with special monthly pension.

The Board has decided that the VA overpayment claim should be remanded due to a duty-to-assist error. The Veteran argues he did not receive military pay and VA disability compensation benefits at the same time in fiscal year 2018, but this needs to be verified through an audit of his service personnel records.

The Board has granted service connection for right upper extremity motor deficit, right lower extremity hyperreflexia, and left lower extremity hyperreflexia due to exposure to Agent Orange in Vietnam.

The Veteran's appeal for a reduction in his pension payment rate due to receipt of Social Security Administration (SSA) payments is denied as he has not provided any additional evidence or argument.

The Board dismissed the appeal due to the death of the appellant, as the claim for service connection for an acquired psychiatric disability has become moot.

The Veteran died of a nonservice-connected condition while hospitalized by VA, and the appellant incurred expenses for his funeral and burial. The Board granted entitlement to burial benefits based on these facts.

The Board has dismissed the appeals for service connection of disequilibrium, ataxia, head trauma, and residuals of right elbow injury as it does not have jurisdiction to adjudicate these issues under the Appeals Modernization Act (AMA).

The Veteran's claim for service connection for cutaneous T-cell lymphoma, or mycosis fungoides, is denied as the evidence does not support a direct nexus to his military service. The effective date of service connection remains March 14, 2017.

The Board has decided to remand the case due to a procedural error in evaluating new evidence, and will need to use the correct legal standard under the AMA framework.

The Board has identified errors in the duty to assist and is remanding the case for a new VA examination of the Veteran's right great toe disability. The issue regarding service connection for kidney cancer will be adjudicated separately after a hearing.

The Board has denied the Veteran's claim for service connection for a throat disability, finding that there is no current diagnosis of this condition and thus not meeting the criteria for service connection.

The Board has determined that the Veteran's adenocarcinoma of the lung may be attributed to his exposure to contaminated water at Camp Lejeune, and thus service connection for cause of death is granted.

The Board has decided to remand the case due to a lack of a VA medical opinion regarding whether the Veteran's right eye disorder is related to service. The AOJ will obtain an addendum opinion from an appropriate clinician.

The Veteran's claim for TDIU is denied as the combined disability rating has reached 100%, making it moot.

The Veteran's unauthorized medical expenses for a non-emergent condition were denied as VA facilities were feasibly available and the care was not an emergent situation.

The Board has decided to remand the case due to a failure to schedule a VA examination between the November 2017 Board remand and the September 2018 denial by the AOJ. A medical opinion is needed as to whether a respiratory disorder was incurred in service.

The Board has decided that there is insufficient evidence to determine if the Veteran's death was caused by service-connected conditions, and thus remanded for further development. The case will be reviewed again with a focus on verifying any potential exposure to herbicides in service and obtaining medical opinions regarding the cause of the Veteran's pulmonary embolism.

The Veteran's claim for a compensable evaluation for his service-connected residuals of fracture of the right fourth and fifth fingers is being remanded due to outstanding development needs.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board has remanded the issue of whether the appellant's discharge is a bar to VA compensation benefits due to insufficient evidence regarding his mental state during service. The case will be reviewed after obtaining a medical opinion.