Other conditions decisions — 2020

The Board has remanded the Veteran's appeal of TDIU due to inextricability with her claim for compensation for bunions. The TDIU appeal will be reconsidered after the resolution of the bunions claim.

The Board denied service connection for inguinal hernia, benign colon mass, and partial removal of the colon. The Veteran's current conditions are not related to his military service.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse for purposes of Dependency and Indemnity Compensation (DIC) benefits due to the marriage not meeting the required one-year provision under VA regulations. The Board found that the appellant was married to another person in 1991, which served as a legal impediment preventing them from forming a common law marriage.

The Board denied the appellant's claim for survivor (death) pension benefits prior to January 1, 2011 and from December 1, 2011 due to her countable income exceeding the applicable maximum annual pension rates.

The Veteran's appeal for a higher evaluation for adenocarcinoma of the prostate, currently rated at 60 percent from September 18, 2019, was denied. The Board found no basis to assign a higher rating and noted that the current 60 percent rating is the maximum available under the criteria for voiding dysfunction.

The Veteran's mood disorder is currently rated at 30 percent, but the Board has granted a higher rating of 50 percent for the period prior to April 17, 2014. The Veteran also received a TDIU for periods prior to and after November 8, 2010.

The Board denied service connection for pancreatic cancer as the evidence did not show it was incurred in or related to active service, including exposure to herbicide agents.

The Veteran's gynecomastia is not manifested by scars, lymphedema, disfigurement, or impairment of function. Therefore, the claim for an initial compensable evaluation for gynecomastia has been denied.

The Board denied the Veteran's claim for a TDIU rating, finding that his service-connected right foot disabilities do not preclude him from securing or following substantially gainful employment.

The Board denied the Veteran's claims for service connection for a left eye disability and TDIU, finding that his current eye disabilities are not related to service.

The Veteran's medical expenses for emergency treatment at Presbyterian Hospital on March 5, 2011 were approved due to the severity of his condition and the unavailability of a feasible VA facility.

The Board has determined that the remand directives were not substantially complied with and thus another remand is warranted. The Veteran's stress fracture in foot condition needs to be further evaluated by a VA clinician.

The Board has remanded the case due to the need for additional medical opinions regarding service connection and TDIU.

The Veteran's appeal is remanded to determine the correct amount of drill pay adjustments for FY 2012 and to verify the training days reported.

The Veteran's claim for service connection for squamous cell cancer of the tongue, linked to contaminated water at Camp Lejeune, was reopened due to new and material evidence. However, the claim was denied as there is no causal relationship between his exposure to contaminated water and his condition.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board has determined that the Veteran's current atherosclerosis of lower extremity with claudication was not incurred during service and is not proximately due to or aggravated by any service-connected disability, including ischemic heart disease and diabetes mellitus.

The Board denied the Veteran's claim for service connection for a skin disability, finding that there was no evidence linking his current condition to his military service or exposure to herbicides. The Board concluded that any warts he had in service were resolved and did not cause his current skin conditions.

The Board denied service connection for a bilateral eye disorder, finding that the Veteran's current condition is not related to his military service and is not caused by or aggravated by any service-connected disability.

The Board has decided that the Veteran's claim for nonservice-connected pension benefits is remanded due to insufficient information on his income and net worth from December 1, 2017 through December 31, 2018.