Other conditions decisions — 2020

The Board dismissed the claim for service connection of a skin disorder. The Board granted service connection for residuals of colon cancer, finding that the evidence was at least in equipoise as to whether it is related to military service and exposure to contaminants at Camp Lejeune.

The Veteran's frequent urinary tract and urethral infections are being remanded for a new VA examination to determine if they are caused or aggravated by his service-connected post-sphincterotomy hemorrhoids.

The Board has remanded the Veteran's claim of service connection for left breast cancer, to include as due to exposure to contaminated water at Camp Lejeune. The case is being sent back for an addendum opinion regarding the relationship between the Veteran's breast cancer and his time at Camp Lejeune.

The Board denied the Veteran's claim for service connection for esophageal cancer, status post radiotherapy, finding that it was not related to his in-service herbicide exposure and instead concluded that the cancer was more likely due to gastroesophageal reflux disease.

The Veteran's son, D.T., is permanently incapable of self-support due to ADHD and autistic disorder prior to his 18th birthday. The Board has granted recognition as a helpless child for purposes of VA benefits.

The Veteran's appeal of the apportionment of his VA disability compensation benefits is being remanded due to issues with communication and missing documents. The parties are asked to provide financial status reports for the years 2009 through 2013.

The Board has found that another remand is necessary for adjudication purposes due to the need for a VA examination and clarification of whether separate evaluations under Diagnostic Codes 5303 and 5321 are warranted.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that her marriage to the Veteran was invalid due to a legal impediment from his prior marriage.

The Board denied service connection for right and left leg shin splints, finding no current diagnosis or functional impairment.

The Veteran's service connection claim for a stomach disability is denied as there is no evidence of a current chronic stomach disability related to his service.

The Veteran's attorney requested the appeal be withdrawn due to a corrected calculation of attorney fees in an August 2020 decision. The Board dismissed the appeal as a result.

The Board denied the Veteran's claim for service connection for dysphagia/oro-pharyngeal swallowing disorder, finding that it is not related to his service-connected chronic tonsillitis and there is no evidence of its onset during service.

The Board has remanded the case due to a duty-to-assist error and the need to obtain private medical records from Dr. I.M. and Dr. M.C.

The Veteran's claims for service connection of a urethra disorder and cauda equina syndrome have been remanded due to the submission of new evidence. The Veteran's prostate cancer residuals are also being remanded for further examination.

The Veteran's election to receive Post-9/11 GI Bill educational assistance benefits in lieu of Chapter 30 benefits was found to be irrevocable, allowing him to utilize his remaining Chapter 30 benefits again.

The Veteran's service-connected insomnia disorder (claimed as an adjustment mood disorder) is rated at 30 percent, and the Board finds that a higher rating is not warranted.

The Board has granted service connection for a mood disorder and determined that the August 2010 rating decision, which denied reopening of the claim, contained clear and unmistakable error (CUE). The effective date is prior to August 7, 2019.

The Board dismissed the appeal as there was a full waiver of the $5,955.41 VA debt in February 2020.

The Board has decided to resume the payment of VA disability compensation benefits for the Veteran, effective February 1, 2016, as his fugitive felon status ended on that date.

The Board has determined that new evidence was submitted after the February 2017 denial, warranting readjudication of the claims for compensation under 38 U.S.C. § 1151 for ulcerative colitis and pulmonary emphysema as a result of a VA urgent care treatment in December 2014.