Other conditions decisions — 2020

The Veteran's application for a clothing allowance due to a back brace was denied because it was not submitted before the August 1 deadline.

The Board denied pension benefits from January 30, 2013 to December 31, 2017 due to income exceeding the maximum annual pension rate. Pension was granted from January 1, 2018 to December 31, 2019.

The Board denied the Veteran's challenge to the creation of an overpayment and his application for a waiver of the debt, finding that he did not establish a sole administrative error on VA's part.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's recurrent peri-anal abscesses were manifestations of his Crohn's disease or ulcerative colitis during service. The case will be returned for further development and an addendum opinion from a clinician.

The Board denied an earlier effective date for DIC benefits, finding that the presumption of regularity held and there was no clear evidence to rebut it. The Appellant argued she never received notification of a November 1997 rating decision denying her petition to reopen her claim for service connection for cause of death.

The appeal was dismissed because the Veteran did not provide specific information about what issue he wanted to appeal or which decision he was disputing.

The Board has denied service connection for left tympanic membrane perforation and an initial compensable rating for right tympanic membrane perforation. The claim for otitis media is remanded due to a duty-to-assist error.

The Board found that the Veteran's net worth did not exceed the limit for pension benefits, including special monthly pension based on the need for regular aid and attendance. The decision is granted.

The Board has remanded the Veteran's claims for service connection for a left eye condition, entitlement to an extraschedular evaluation for service-connected right leg DVT, and entitlement to TDIU due to issues with scheduling of examinations and potential need for additional evidentiary development.

The Board denied service connection for an eye disability, finding that the Veteran's current condition is not related to his military service.

The Veteran's heart condition, including left ventricular enlargement and ejection fraction less than 30 percent, is remanded for further development due to inadequate examination.

The Board granted an earlier effective date of December 1, 2010 for the award of Dependency and Indemnity Compensation (DIC) because the Appellant had a pending claim within one year from the Veteran's death.

The Board has granted service connection for the sequelae of teeth extraction without prosthetic replacement, including loss of teeth and mandibular and maxillary bone atrophy. The decision is based on the Veteran's service records showing improper dental treatment during active duty resulting in missing teeth and subsequent bone atrophy.

The Board dismissed the appeal because the appellant withdrew it before a decision was made.

The Veteran's claim for an effective date earlier than July 7, 2017 for the award of service connection and special monthly compensation based on aid and attendance criteria was denied.,The Board found that prior to July 7, 2017, there was no factual evidence demonstrating loss of use of both feet as defined by VA regulations.

The Board has dismissed the appeal because the appellant did not file a timely Notice of Disagreement in response to the September 2019 apportionment decision.

The Board has determined that there was a pre-decisional error in the determination of the debt validity and thus, the case is being remanded for further action.

The Board has denied the Veteran's claim for an increased rating for his service-connected bilateral flat foot and has remanded the issue of entitlement to service connection for polycythemia and erythrocytosis. The case is being returned to the RO for further development.

The Board denied service connection for right eye cataract and left elbow bursitis, and denied an increased rating for diabetes mellitus type II with erectile dysfunction.

The Board has remanded the case for further development, including scheduling a VA examination to assess the current severity of the Veteran's left eye iritis.