Other conditions decisions — 2020

The Veteran withdrew his appeal for entitlement to individual unemployability (TDIU). The Board dismissed the case as a result.

The Board has determined that further development is necessary before the claim can be adjudicated due to missing separation examination and service personnel records, as well as an inadequate VA medical opinion regarding the etiology of the Veteran's hernia.

The Board has determined that the issue of apportionment of benefits for the Veteran's son, R.H., is not ripe for appellate review due to procedural issues and requires further development.

The claim for service connection for the cause of death and DIC benefits under 38 U.S.C. § 1318 were both denied as the Veteran's death was not caused by a service-connected disability, and he did not meet the requirements for DIC benefits under 38 U.S.C. § 1318.

The Board denied the Veteran's claim for nonservice-connected pension benefits as his income exceeded the applicable maximum annual pension rate (MAPR).

The Board has decided that the Veteran's claim for nonservice-connected pension benefits prior to April 23, 2020 is denied. The case is being remanded for further action regarding the period from April 23, 2020 onwards.

The Board has remanded the case due to incomplete development and failure to provide proper notice of a scheduled VA examination.

The Veteran's claim for service connection for carcinoid tumor of the small intestine is being remanded due to inadequate medical opinion and incomplete development. The examiner must address the Veteran's exposure to herbicide agents, possible asbestos exposure, and his wife's statement about stomach symptoms.

The Board has decided to remand the claims for service connection for soft palate oral cancer and a dental disability, both related to exposure at Camp Lejeune. The Veteran will need to undergo VA examinations to determine if these conditions are related to his military service.

The Veteran's service is not considered to meet the requirements for eligibility for VA nonservice-connected pension benefits due to lack of qualifying wartime service.

The Board has denied the Veteran's claim for service connection for congestive heart failure, finding that there is no evidence of a current disability related to service and concluding that the Veteran did not meet the criteria for service connection.

The Board denied an earlier effective date for the award of additional compensation benefits for the Veteran's spouse, as he did not notify VA of his marriage until October 9, 2018, which is more than a year after the last rating action.

The Veteran's TDIU was granted on November 28, 2008, when he had a single service-connected disability evaluated at 70 percent disabling and was found unable to obtain and maintain gainful employment. The effective date is denied as earlier dates are not supported by the evidence.

The Veteran's claim for service connection for an eye disability, excluding diabetic retinopathy, is being remanded due to the need for a new examination and opinion regarding the etiology of his diagnosed conditions.

The Board has remanded the case due to an inadequate VA examination in determining the severity of the Veteran's right second toe disability, including DJD, hammer toe, and residuals of a fracture. The examiner was not able to provide information on additional functional loss during flare-ups or repeated use.

The Board has decided to remand the case due to a lack of a copy of a 2012 examination regarding the Veteran's colon cancer. The examiner opined that it was less likely than not caused by contaminated water at Camp Lejeune. Additional development is needed, including obtaining another opinion and any outstanding VA treatment records.

The Board denied the Veteran's claim for service connection for a skin disability, finding that there was no evidence to support a direct relationship between his current condition and his military service. The Board also found insufficient evidence to establish secondary service connection based on his service-connected PTSD or diabetes.

The Board dismissed the appeal because no timely and adequate substantive appeal was submitted, leaving the issue unresolved.

The Board has remanded the claims for service connection for bilateral hand and foot conditions due to new VA examinations being necessary.

The Board denied service connection for benign prostatic hypertrophy (BPH), finding that there is no evidence of BPH during active service and insufficient medical opinion to support a nexus between current BPH and service-connected conditions or herbicide exposure.