Other conditions decisions — 2020

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

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) was denied. The case is dismissed due to the appellant's death.

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

A 30 percent disability rating is granted as of May 14, 2019, for both left and right hallux valgus post-operative with history of second toe amputation. The effective dates for these ratings are October 25, 2010, and November 1, 2011 respectively.,The preponderance of the evidence is against finding that the Veteran's service-connected left and right hallux valgus were productive of severe symptoms from October 25, 2010 to May 13, 2019.

The Board has granted the appellant's claim for an apportionment of the Veteran’s unpaid VA compensation benefits during his incarceration, finding that she had individual need for these benefits and that they would not result in hardship to the Veteran.

The Board denied service connection for postphlebitic syndrome and varicose veins, finding that the Veteran does not have these conditions or they are not related to his service.

The Board denied the claim for service connection for the cause of the Veteran's death and dismissed the DIC appeal. The cause of death was listed as cardiopulmonary arrest due to bladder cancer, which is not related to active service.

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse, finding that she did not meet the criteria for a valid common law marriage or an otherwise 'deemed valid' marriage due to lack of continuous cohabitation with the Veteran until his death.

The Veteran's left biceps tendon tear is denied as the proximate cause was not carelessness, negligence, lack of proper skill, error in judgment or similar incident of fault on VA's part.

The Board denied the claim for service connection for the cause of the Veteran’s death, finding that there was no evidence linking his death to military service or exposure to herbicide agents.

The Board has remanded the claim of special monthly compensation (SMC) based on need for regular aid and attendance due to lack of compliance with previous directives. Additional VA examinations are needed to determine if the Veteran requires aid and attendance.

The reduction of VA disability compensation benefits from June 1, 1984 to August 23, 1984 was improper.,The reduction of VA disability compensation benefits for periods of incarceration from October 1, 1980 to May 31, 1984 and after August 23, 1984 was proper.

The Board denied the Veteran's claim for service connection of deep vein thrombosis (DVT) as there is no probative evidence linking his DVT to service.

The Veteran's appeal is remanded for obtaining relevant medical records and for adjudicating his claim for TDIU prior to October 19, 2020.

The Board has found that further development is needed to determine the etiology of the Veteran's chronic right and left arm disabilities. The claims are being remanded for additional medical opinions.

The Board has determined that the Veteran does not have a current diagnosis for a right hip disorder and finds no evidence of such in the record. The preponderance of the evidence reflects that any symptoms are attributable to his service-connected lumbar spine disability, which is already considered in the grant of service connection for sciatic and femoral radiculopathy.

The Veteran's appeal to reopen his claim for service connection for chronic lymphocytic leukemia has been dismissed due to the death of the appellant.

The Board denied service connection for the Veteran's claimed loss of strength in his right leg and loss of muscle and bone mass in his left leg, finding that there is no evidence showing these conditions originated during or were otherwise related to his military service.

The Veteran's appeal for attorney fees based on past-due benefits awarded in the August 2015 rating decision is granted. The fee agreement was not timely filed, making it invalid and thus D.O. is not entitled to payment of fees via VA withholding.

The Board has remanded the case due to insufficient development and a lack of a supplemental statement of the case (SSOC). The Veteran's claim for reentrance into a vocational rehabilitation and employment program remains denied.