Other conditions decisions — 2020

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Board has remanded the case for further development and an addendum opinion regarding the Veteran's cerebrovascular accident with left side weakness, as well as his claim for TDIU. The issues of service connection and compensation under 38 U.S.C. § 1151 are inextricably intertwined.

The Board denied service connection for gynecomastia as there is no evidence that it is related to the Veteran's military service or a service-connected disability.

The Veteran's claim for VR&E benefits was denied due to a lack of timely filing of a Notice of Disagreement with the January 2017 decision. The Board found that the March 2018 Notice of Disagreement was not timely filed, and thus, the January 2017 decision is final.

The Board denied the Veteran's request for an apportionment of his VA pension benefits, finding that it would cause undue hardship to him and thus not meet the criteria for a special or general apportionment.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that his head and neck cancer was not incurred during service or related to active duty service, including in-service exposure to herbicide agents.

The Veteran's claim for an increased rating for his left hip strain was denied as the disability does not meet the criteria for a compensable evaluation based on limitation of motion.

The Board found that the Veteran's death from coronary atherosclerosis was not proximately due to or the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing reasonable care. The event leading to his death (coronary atherosclerosis) was not reasonably foreseeable.

The Veteran's claims for increased ratings for residuals of a gunshot wound to the right thigh have been denied. The Veteran was previously granted a 40 percent rating, but no higher, for severe muscle injury to Muscle Group XIV from September 19, 1983 through January 13, 1992. However, his other residuals including post-phlebitic syndrome and nerve impairment have not met the criteria for an increased rating.

The Veteran's service-connected eye disability, characterized by dry eyes and exophthalmos, has been rated at 10 percent since the initial grant of service connection. The condition does not meet criteria for higher ratings due to lack of visual impairment or incapacitating episodes.

The Board has dismissed the Veteran's appeals for higher ratings for his right and left foot disabilities as he withdrew these issues prior to a decision being made.

The Board denied service connection for the cause of the Veteran's death, finding that Reynaud’s syndrome did not contribute to his sepsis and was not a primary or contributory cause of death. The decision is based on conflicting medical opinions.

The Board has granted the Veteran's claim for service connection for colon cancer, finding that his exposure to aircraft fuel and asbestos in service are etiological factors for his development of colon cancer.

The Board has remanded the case due to non-compliance with previous remand directives and a need for readjudication based on all available evidence.

The Veteran's right foot ulcer was caused by carelessness, negligence, or similar instance of fault on the part of VA during an August 26, 2016 procedure. The left foot ulcer is not considered a result of such fault.

The Board has granted service connection for the cause of the Veteran's death, finding that his myelofibrosis and resulting acute myeloid leukemia and blast crisis are related to his in-service herbicide agent exposure.

The Board has remanded the Veteran's claims for service connection due to exposure to Agent Orange or other chemicals, including brain tumor, skin condition (claimed as excessive sweating), and restless leg syndrome. The VA is directed to conduct additional development regarding the Veteran's exposure history and provide a comprehensive examination.

The Board has remanded the case due to an inadequate VA examination, and a new medical opinion is needed to determine if the Veteran's neck condition is related to his military service.

The Board has decided to remand the case for further development and determination regarding the Appellant's eligibility for reimbursement of last illness expenses, as well as determining the interval between the onset of the Veteran's last sickness and his death.

The Board has determined that the Veteran's vitiligo began during his active service and grants service connection for this condition.