Other conditions decisions — 2020

The Veteran's spouse and daughter have been awarded additional dependency compensation for the entire period in which he has been in receipt of at least a 30 percent disability rating. The appeal is dismissed as moot.

The Board has decided to remand the Veteran's claim for a bilateral hand disability due to inadequate opinion regarding service connection and missing medical records. The case will be returned for further development.

The Board has reopened the claim for service connection of right leg residuals due to new and material evidence submitted. The Veteran's current disability is post-traumatic arthritis, which he contends is related to his in-service injury. Service connection is granted.

The Board has determined that there was clear and unmistakable error in the August 2013 rating decision, which denied service connection for a left foot condition. The error was not applying the correct legal standard regarding presumptive service connection under 38 C.F.R. § 3.307.

The Board denied service connection for the cause of the Veteran's death due to non-small cell carcinoma of the lung, finding that there was no service-connected disability at the time of his death and concluding that the evidence did not support a nexus between the cause of death and military service.

The Veteran's death was caused by cancer of the larynx, which is not service-connected. The Board found insufficient evidence to establish a nexus between the primary cause of death and the Veteran’s active duty service or a service-connected disability.

The Veteran's left eye disability, including blindness and problems with eyesight, is due to a lack of skill in performing cataract surgery by VA providers. The claim for compensation under 38 U.S.C. § 1151 has been granted.

The Board has decided to remand the case due to incomplete opinions on secondary service connection and aggravation of pre-existing conditions.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's squamous cell carcinoma is related to his military service, specifically in-service sun exposure and herbicide exposure. The VA examiner must provide an opinion on this issue.

The Veteran's hospitalization for left lower extremity venous thrombosis occurred a year prior to her service connection being established, thus she does not meet the criteria for a temporary total rating under 38 C.F.R. §§ 4.29 and/or 4.30.

The Board denied service connection for throat cancer and remanded the issue of service connection for colon cancer.,Service connection is sought for both conditions on a presumptive basis due to exposure to contaminated water at Camp Lejeune, North Carolina.

The Board found that the procedural requirements for reducing the Veteran's nonservice-connected pension benefits were not properly followed, and thus the reduction was void ab initio. As a result, the debt associated with the overpayment of nonservice-connected pension benefits in the calculated amount of $43,546 was not validly created.

The Board has decided to remand the case due to an inconsistency in the May 2014 VA examination report and a need for further medical opinion regarding the Veteran's bladder condition.

The Veteran's TDIU claim is remanded due to the need for clarification regarding his employment status and records from his employer.

The Board denied service connection for the cause of the Veteran's death due to metastatic lung cancer, finding that it was not caused or contributed substantially or materially to her death.

The Board found that the Appellant's discharge from service was under dishonorable conditions due to prolonged unauthorized absence and acceptance of an undesirable discharge, thus constituting a bar to VA benefits.

The Veteran's claims for increased ratings were denied. The muscle injury to Group XIX and right rib fracture residual condition manifested by pleural effusion are not rated higher than the current assigned ratings.

The Board found that the Veteran's termination of benefits due to fugitive felon status was improper and restored his VA benefits.

The Board found that the reduction of the Veteran's disability compensation benefits to a 10% rate effective June [REDACTED], 2016, was proper due to his felony conviction and incarceration. The appeal is denied.

The Board has decided to remand the case due to inadequate examination and failure to address the Veteran's lay statements regarding continuity of symptoms.