Other conditions decisions — 2020

The Board has remanded the case due to insufficient opinions regarding service connection for cause of death and whether hypertension contributed to the Veteran's death. The examiner is requested to provide an opinion on these issues.

The Veteran's death was not covered for burial benefits due to the application being filed after the two-year time limit expired and because the Veteran did not meet other eligibility requirements.

The Board denied the Veteran's claim for additional monthly education benefits in excess of $333.33 due to a determination by the Department of Defense that he is eligible for a kicker amount of $333.33 per month.

The Board has remanded the issues of service connection for a dental condition and torn right Achilles tendon to obtain additional information from the examiner who conducted the December 2012 examination.,The Veteran's attorney requested a copy of the Curriculum Vitae (CV) of the examiner who performed the December 2012 examination, in order to review the examiner’s experience and qualifications.

The Board has granted a disability rating of 30 percent for the Veteran's service-connected post-operative residuals of thoracotomy, 6th right rib with pleural thickening, with phrenic nerve paralysis. The preponderance of evidence shows that the Veteran’s FEV-1 test results have been between 56 and 70 percent predicted throughout the appeal period.

The Veteran's claim for service connection of a left groin strain is granted. The Court has remanded the issue of determining an effective date prior to July 17, 2001 for his grant of service connection for degenerative joint disease of the left hip.

The Veteran's right shoulder disability, including tendonitis, degenerative joint disease, and impingement syndrome, is currently rated at 40 percent for the period prior to January 27, 2017.

The Board has dismissed the appeals for compensation under 38 U.S.C. § 1151 due to the Veteran's death.

The Board previously granted TDIU effective December 10, 2010. The claim is being remanded again due to lack of consideration of the Veteran's employment records and Vocational Rehabilitation records.

The Board denied the Veteran's claim for service connection for squamous cell carcinoma, finding that there was no evidence to support a link between his current condition and his military service or exposure to herbicide agents.

The Veteran's appeal has been dismissed due to their death, and the Board does not have jurisdiction to adjudicate the merits of this case.

The Board has decided to remand the case due to incomplete information about the Veteran's military service, particularly regarding periods of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA). The decision also notes that a VA examination in October 2019 did not consider all relevant evidence of record and recommends obtaining additional medical opinions.

The Board has denied the Veteran's claims for service connection for right hand, left hand, right foot, and left foot disorders, as there is no evidence showing that these conditions had their onset during or were related to his military service.

The Board denied the Appellant's claim for recognition as the Veteran’s surviving spouse, finding that there was no valid common law marriage between them after their divorce in October 1986. The decision also noted that the Veteran and the Appellant did not live together as spouses in Texas or Alabama during the relevant period.

The Board has remanded the case for further development due to inadequate VA examinations and other issues. The Veteran's claims of increased evaluation and TDIU are being reviewed.

The Veteran's right thumb disability is rated at 20 percent, the maximum rating available under DC 5224. The Board finds no basis to grant a higher rating for this condition. Additionally, there is insufficient evidence to support a separate rating for the Veteran's trigger finger in his middle finger.

The Board dismissed the appeal because the appellant died during the pendency of the appeal, and thus the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the claim due to concerns about the cause of the Veteran's left femoral nerve damage during his prostatectomy at VA Medical Center in August 2009.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's acoustic schwannoma and his service-connected bilateral hearing loss. The AOJ is instructed to obtain updated treatment records and an opinion from a clinician on the relationship between the Veteran's conditions.

The Board has remanded the Veteran's claims for increased ratings for his bilateral knee disabilities and for a TDIU due to incomplete development of evidence.