Other conditions decisions — 2020

The appeal has been dismissed because the appellant died during the pendency of the appeal and thus, the Board does not have jurisdiction to adjudicate the merits of this case.

The Board has remanded the claims for additional development due to lack of compliance with previous remand directives and incomplete records. The Veteran is requested to provide authorization for VA treatment records, as well as non-VA medical records related to his head injuries and brain tumor.

The Veteran's service connection claim for Chronic Lymphocytic Leukemia (CLL) due to herbicide exposure is granted. The Board found the Veteran was exposed to herbicides during his service at Udorn RTAFB in Thailand, which is presumed to be associated with CLL.

The Board has remanded the case due to insufficient opinions regarding service connection for hypertensive vascular disease, including on a presumptive basis of herbicide exposure. The Veteran's hypertension is not related to his service-connected diabetes or coronary artery disease, and there are questions about whether it was aggravated by these conditions.

The Board is remanding the case to determine if the overpayment was created due to administrative error by VA.

The Veteran's son A.M. is claimed to be permanently and totally disabled by Social Security Administration (SSA) and unable to work, making him a dependent child of the Veteran for VA benefits purposes. The case is remanded to obtain SSA records related to A.M.'s disability claims.

The Veteran's service-connected agoraphobia with panic disorder has resulted in total occupational and social impairment throughout the appeal period, warranting a 100% disability rating. The claim for TDIU prior to November 4, 2005 is moot as the Veteran was already receiving a 70% disability rating.

The Board denied the Veteran's claim for service connection for a heart condition, finding that his patent foramen ovale is not an enumerated disease associated with Agent Orange exposure and that it clearly and unmistakably pre-existed service. The Board also found no evidence of aggravation during service.

The Board denied service connection for squamous cell carcinoma of the oropharynx as due to exposure to herbicides, finding that the Veteran's cancer was more likely related to his smoking history rather than Agent Orange exposure.

The Veteran's overpayment of compensation benefits is remanded due to the lack of a corrected audit addressing his incarceration period and the reason for any reduction in benefits.

The Veteran's death was caused by VA carelessness, negligence, or similar fault in providing medical treatment at VAMCs in South Carolina. The Board found that the proximate cause of his death was due to VA's failure to properly diagnose and treat his infections.

The Board has remanded the case due to issues related to the Veteran's left thigh/leg disability, including nerve impairment and pain assessment.

The Veteran's children were removed from his award due to their receipt of VA educational assistance benefits, which is not allowed as it constitutes a duplication of benefits.

The Board denied the appellant (K.L.)'s claim for recognition as the surviving spouse of the Veteran, finding that neither party met the criteria to be considered a lawful surviving spouse.

The Veteran's service-connected disabilities are of sufficient severity to result in functional impairment that precludes him from obtaining and maintaining substantially gainful employment, resulting in a TDIU being granted.

The Veteran's sarcoma of the left thigh and squamous cell lung carcinoma are granted as service connected.,Service connection is also granted for peripheral neuropathy of bilateral lower extremities secondary to the sarcoma of the left thigh. However, service connection for depression and anxiety secondary to these cancers is denied.

The Board dismissed the appeals for reopening service connection claims and denied entitlement to compensation under 38 U.S.C. § 1151 for seizures due to the Veteran's death.

The Board has granted service connection for acute alcoholism as secondary to the Veteran's service-connected encephalopathy.

The Veteran's appeals for a higher rating and TDIU have been dismissed as the Veteran requested withdrawal of his appeal.

The Veteran's claim for service connection for cardiomyopathy, deterioration of the left ventricle, secondary to service-connected tachycardia and hypertension is granted. The condition was related to his in-service medications.