Other conditions decisions — 2020

The Board denied the veteran's claim for an earlier effective date for additional dependency compensation for his spouse, finding that no evidence of a marital status change was received within one year of notification of his qualifying disability rating.

The Board found that the overpayment was properly created due to the Veteran's failure to notify VA promptly of his divorce, and denied the appeal.

The Veteran withdrew his appeal before the Board could make a decision, so the case is dismissed.

The Board has remanded the case due to issues related to the Veteran's competency and the removal of his spouse as a fiduciary. The Veteran needs to be scheduled for an examination to determine if he is competent, and then the issue of removing his spouse as a fiduciary will need to be readjudicated.

The Board has remanded the case for an addendum opinion regarding whether the Veteran's smoking/tobacco use was caused or aggravated by his service-connected PTSD, and if so, whether it contributed substantially to his death from pancreatic cancer.

The Veteran's claim for a higher rating and TDIU related to his service-connected L5-S1 spondylolisthesis with degenerative joint disease and spinal stenosis is being remanded due to inadequate VA examination.

The Board dismissed the claim for improved pension benefits on and after January 1, 2012 because it was already decided on the merits.

The Board dismissed the appeal as there is no case or controversy for appellate consideration regarding the overpayment of EAJA attorney fees.

The Veteran's claim for a higher rating for ulcerative colitis is being remanded due to the need for additional private treatment records from Crestwood Medical Center.

The Board has remanded the claims for initial ratings in excess of 10 percent for left and right patellofemoral degenerative joint disease, as well as the claim for TDIU due to outstanding medical records not being available.

The Board denied service connection for a cardiac disability, including CAD, CABG, and atrial fibrillation, finding that the evidence did not establish a direct relationship to service or any service-connected condition.

The Board has ordered the VA to obtain missing documents related to the creation of an overpayment and the COWC's decision on waiver of recovery. The claims are being remanded for these actions.

The Board has remanded the issues of service connection for a chronic vaginal disorder and a uterine disorder, including hysterectomy residuals and an ovarian cyst. The Veteran's claims are being reviewed again due to new evidence submitted since the last decision.

The Veteran's AL amyloidosis is presumed to have been incurred in active service due to herbicide agent exposure during his Vietnam service.

The Board has ordered the case back to the examiner for clarification and correction of a deficient opinion regarding the Veteran's service connection claim for OCD. The Veteran's attorney is also required to provide information on the qualifications of the VA examiners who previously provided opinions.

The Veteran's adult son, J.T., is seeking recognition as his 'helpless child' due to permanent incapacity for self-support. The Board finds that VA needs to obtain federal records from SSA regarding a 2003 denial of disability benefits for J.T.

The Veteran's CAPD is being remanded for further examination and opinion as the VA examiner did not examine him to determine if he has CAPD or whether it is related to service. The examiner also did not consider the medical articles submitted by the Veteran in support of his claim.

The Board denied service connection for shingles as the evidence did not support a finding that it was incurred or related to service.

The Board has remanded the case due to incomplete private treatment records, and the Veteran is asked to submit any available copies of these records.

The Board denied service connection for a left eye cataract and granted an increased rating of 40 percent for right eye aphakia, but did not grant SMC based on blindness of the right eye.