Other conditions decisions — 2020

The Board has decided that the VA examination provided was inadequate and insufficient to support a decision in this appeal. The Veteran's right foot disability is remanded for an addendum opinion regarding the nature and etiology of his condition.

The Board denied the Veteran's appeal as his notice of disagreement was not timely filed, and thus, the August 2013 reduction decision is final.

The Board denied the Veteran's claims for increased ratings for left leg shin splints and right knee patellofemoral pain syndrome, finding that there was no evidence of functional impairment to warrant a compensable rating.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal. The Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board found that the VA retroactive withholding of disability compensation payments was proper due to the Veteran's failure to return the VA Form 21-651 within the required 60-day period, and denied his request to reinstate his VA disability compensation pay.

The Board has determined that the matter is not ripe for appellate review due to procedural issues. The case involves a simultaneously contested claim and requires further action including verifying the Veteran's address, obtaining information on child support payments from relevant agencies, and updating the VA 21-0788 form.

The Veteran's current otitis media and otitis externa are granted service connection as they are proximately due to the in-service conditions.

The Veteran's daughter, A.P., was permanently incapable of self-support due to cerebral palsy and mental retardation prior to her 18th birthday. The Board granted recognition as a helpless child for VA benefits.

The Veteran's compensation benefits were terminated due to his active duty status, and a debt of $33,120.09 was assessed. The Veteran disputes the validity of this debt and requests a waiver. The Board has determined that the validity of the debt must be decided before considering the waiver application.

The Board has remanded the case due to insufficient examination and review of medical records, particularly regarding Ehlers-Danlos syndrome and hypersomnia. The Veteran's sleep disability claim is now pending for further evaluation.

The Board found that the overpayment prior to May 1, 2006 was valid due to VA administrative error. However, from May 1, 2006, the overpayment was created due to sole VA error and is invalid.

The Board denied the Veteran's claim for service connection for brain cancer, finding that there was no evidence to support a link between her active duty and the development of her condition.

The Veteran's appeal for Total Disability based on Individual Unemployment (TDIU) was dismissed due to the death of the Veteran during the pendency of the appeal.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Veteran's claim for service connection of mesothelioma has been dismissed due to his death during the appeal process.

The Board has ordered additional development for the propriety of terminating survivors pension benefits due to excessive income and creating an overpayment. The case is being remanded to the RO for issuance of a Supplemental Statement of the Case (SSOC).

The Board has decided that the appellant does not meet the criteria for benefits under 38 U.S.C. § 1815 due to lack of evidence showing his mother is a Vietnam veteran, and thus remands for further examination and review of SSA records.

The Veteran's chondromalacia patella of the right knee with history of excision of pigmented villonodular tumor disability is rated at 10 percent, and the claim for a higher rating is denied. The TDIU claim is also denied.

The Board has denied service connection for shortness of breath and remanded the issue of service connection for extreme thirst. The claim is being returned to VA for further action.

The Board has reopened the claim of service connection for schizoaffective disorder, depressive type, panic disorder, and agoraphobia. The March 2020 private examination and opinion provided a nexus between the Veteran's current psychiatric symptoms and his active service.