Other conditions decisions — 2020

The Veteran's service obligation was not considered active duty for the purpose of Chapter 33 educational benefits due to an agreement under 10 U.S.C. § 9348, which does not count as creditable active duty service.

The Board has decided to remand the Veteran's claims for service connection of her lower extremity disorders due to incomplete or missing service treatment records. The AOJ must obtain updated medical opinions and additional development, including a VA examination, to determine if the Veteran has a current disability related to her in-service complaints and whether it is at least as likely as not that such disability is related to her military service.

The Board has granted service connection for the Veteran's acquired psychiatric disorder, specifically unspecified trauma and stressor-related disorder, finding that it is related to his military service.

The Board denied service connection for a right foot disorder, finding that the current condition was not caused by service. The veteran's arguments were rejected as disagreement with how the evidence was weighed and evaluated.

The Board has granted the Veteran's challenge to the creation of an overpayment in the amount of $5,898.62 during a specific period from September 2011 to December 2015 due to VA's administrative error.

The Veteran's spouse, B.R., is recognized as his dependent for the period from June 14, 2003 to June 30, 2006 due to VA's decision in December 2019 waiving an overpayment and finding that he was married to B.R. during this time.

The Board found that the Veteran's termination of non-service-connected pension benefits due to fugitive felon status was improper and restored his benefits.

The Board has remanded the claim of service connection for insomnia due to a lack of an opinion on whether the Veteran's insomnia is related to his active duty service or if it was aggravated by his service-connected schizophrenia.

The Board has decided to remand the case due to incomplete information from Social Security Administration (SSA) regarding the Veteran's disability benefits and potential relevant records. The AOJ is instructed to make an appropriate request for SSA records, including copies of the Veteran’s application and decision.

The Veteran's service-connected sacroiliitis and epididymal head cyst have been granted. The low back disability, bilateral plantar fasciitis, right elbow disability, and left elbow disability are all rated at the maximum allowed under VA guidelines.

The Veteran's appeal for a compensable disability rating for malaria has been dismissed due to the death of the Veteran during the pendency of the appeal.

The Board denied service connection for brain cancer and its residuals, finding that the evidence did not support a link between the Veteran's condition and his military service or exposure to contaminated water at Camp Lejeune.

The Board denied service connection for diverticulosis and granted a 10 percent rating for condyloma of the distal urethra, but remanded other issues.,The Veteran's urinary voiding dysfunction is also considered as part of his claim for condyloma of the distal urethra.

The Veteran's left knee disability, characterized by limitation of flexion and extension, is rated at 10 percent prior to May 24, 2019. A separate 10 percent rating is granted for the limitation of extension, while a 20 percent rating is granted for dislocated semilunar cartilage.

The Veteran's interstitial pulmonary fibrosis as a residual of exposure to asbestos is granted for the period prior to July 11, 2011, with a rating of 30 percent. For the period from July 11, 2011 onwards, a higher rating in excess of 30 percent is denied.

The Veteran's claim for special monthly compensation (SMC) based on aid and attendance was granted in a March 2020 rating decision, which represents a full grant of the benefit sought. As the appeal is moot due to the full grant of benefits, the case is dismissed.

The Board has remanded the case due to inadequate opinion regarding the etiology of the Veteran's lung disorder, which is presumed to be related to service. The Veteran testified that his lung disorder began during service and was caused by dust exposure in the California desert while training for Operation Desert Shield/Desert Storm.

The appeal was dismissed due to the death of the appellant.

The Board has remanded the case due to insufficient VA treatment records and a need for further adjudication.

The Board has remanded the claims for further development and review, including a new medical opinion on the etiology of the Veteran's foot disorders and service connection for benign prostatic hypertrophy. The rating for urethritis remains remanded.