Other conditions decisions — 2020

The Board has remanded the case due to errors in determining the Veteran's periods of service and their eligibility for Chapter 33 educational assistance benefits under the Post-9/11 GI Bill. The AOJ is instructed to obtain orders ordering the Veteran into service, verify his periods of active duty and active duty for training, and request DoD verification of all dates of active duty service.

The VA improved pension benefits were properly reduced, terminated for a year, and then reinstated at a reduced rate due to changes in the Veteran's income from his spouse's Social Security Administration (SSA) benefits and his own SSA income as well as lottery winnings. The decision is based on the correct amount of income considered for pension purposes.

The Veteran's service is not considered a minimum period of active duty due to his discharge for misconduct, and therefore he does not meet the requirements for nonservice-connected pension benefits.

The Veteran's claim of service connection for residuals of a stroke has been granted, and the case is remanded to determine if the stroke occurred during qualifying National Guard service.

The Board has decided to remand the case due to inadequate examination and further development is required.

The Board has decided to remand the case due to insufficient evidence regarding asbestos exposure during service, and a supplemental medical opinion is needed to determine if the Veteran's respiratory disability is related to such exposure.

The Board has decided to remand the case due to insufficient development of evidence regarding the etiology of the Veteran's respiratory disability, specifically pulmonary fibrosis.

The Board has dismissed all appeals due to the death of the Appellant, as they do not have jurisdiction to adjudicate the merits of the appeal.

The Board has decided that the validity of an overpayment of VA compensation benefits in the amount of $2,184.00 is under review and requires further action.

The Veteran's ADEM did not manifest during service and is not otherwise related to his military service, including herbicide exposure. The Board found that the condition was not incurred in service or due to any service-connected conditions.

The Veteran's esophageal cancer is found to be related to exposure to ionizing radiation and non-ionizing radiation, but not to asbestos. The claims are granted for these theories of entitlement.

The Board has determined that another remand is necessary due to inadequate opinions regarding the relationship between the Veteran's right great toe amputation and his service-connected lumbar degenerative disc disease.

The Board has decided that the Veteran's claim for service connection for basal cell carcinoma, including as due to exposure to herbicides (Agent Orange), should be remanded for further development and an addendum opinion from a dermatologist or oncologist.

The Veteran's patellofemoral pain syndrome of the left knee, status post fibula fracture, is rated at 10 percent and denied a higher rating.

The Veteran's claim for nonservice-connected pension benefits is remanded due to the need for further evidentiary development, including income and net worth information from Social Security Administration (SSA) and the Veteran himself.

The Board has decided to remand the case due to inadequate medical opinion regarding the relationship between the Veteran's hammer toe and his military service. The Veteran will need a new medical examination to provide an adequate rationale for their conclusion.

The Board denied the Veteran's claim for service connection for her jaw/temporomandibular joint condition, finding that it is not related to service or a dental condition.

The Board found that the September 2016 VA prescription of Levoquin did not cause right and left lower extremity disorders due to negligence or a foreseeable event, thus denying benefits under 38 U.S.C. § 1151.

The Board has decided to remand the case due to inadequate development of evidence, specifically regarding the nature and etiology of any gastrointestinal disabilities. The Veteran's service in Southwest Asia is noted, as are complaints of in-service GI problems.

The Veteran's request for waiver of overpayment of $13,617.00 was denied as recovery would not be against equity and good conscience.