Other conditions decisions — 2020

The appeal regarding the waiver of recovery of VA compensation benefits has been dismissed due to the Veteran's death.

The Board denied the Veteran's claim for service connection for IgA nephropathy with microscopic hematuria, finding that there was no evidence linking his current condition to his military service.

The Veteran's earlier effective date for a 30% rating for dental condition is granted as of July 18, 2015.,The Veteran's earlier effective date for service connection for nose condition is granted as of January 1, 1994.

The Veteran's death was not due to a service-connected disability, and there is no evidence of exposure to herbicides. Therefore, the claim for DIC on the basis of cause of death and dependency and indemnity compensation (DIC) are both denied.

The Board has remanded the case for issuance of a Statement of the Case on the issue of an earlier effective date prior to August 1, 1990 for the grant of DIC benefits. The appellant must file a timely substantive appeal if she wishes to proceed with this claim.

The Board found that the overpayment of VA educational assistance benefits was valid and ordered it to be upheld.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence regarding his periods of active and reserve duty, as well as a need for an opinion on whether his spinal cord disorder was aggravated by military service.

The Board denied the Veteran's claim for service connection for a dental disorder, finding that there is no evidence to support a link between his current condition and his military service.

The Board has dismissed the appeal as the appellant did not submit a timely notice of disagreement with the February 2016 apportionment decision.

The Board has remanded the claims for an evaluation in excess of 10 percent for chondromalacia of the right knee patella and entitlement to a total disability rating based on individual unemployability (TDIU) due to the Veteran's failure to report for a VA examination. The Veteran was previously notified that his failure to report would result in denial of his claim, but he has not withdrawn his appeal or provided written notice of withdrawal.

The Veteran's abdominal gunshot wound residuals are rated at a 50 percent rating, and the TDIU claim is remanded for extraschedular consideration.

The Board has ordered the Veteran's appeal to be remanded due to incomplete verification of his periods of active duty service with the U.S. Air Force Reserve, and for further development.

The Board denied an initial compensable rating for left ear nonsuppurative otitis media, finding that the Veteran's hearing loss did not meet the criteria for a compensable evaluation based on his audiometric test results.

The Board has found that there is a due process violation and the claim for TDIU rating must be remanded to review all submitted evidence, including a medical opinion from April 2017. The case will then be readjudicated.

The Board denied the Veteran's claim for a separate compensable rating for airway restriction due to residuals of larynx cancer, finding no current diagnosis or manifestations of upper airway obstruction.

The Veteran's appeal for an initial rating higher than 30 percent for status-post appendectomy with resultant adhesions has been withdrawn, and the appeal for a separate compensable rating for fecal incontinence as a component of service-connected status-post appendectomy with resultant adhesions is dismissed.

The appellant is not recognized as the Veteran's surviving spouse for purposes of dependency and indemnity compensation (DIC) benefits because she was not married to the Veteran at the time of his death.

The Veteran's claim for service connection for head trauma is denied as there is no evidence of a current disability and the Board finds that his testimony regarding a head concussion in service does not establish a chronic condition.,The Veteran's claim for service connection for a liver condition is denied because there is no persuasive evidence linking his current liver problems to his military service.

The Board has remanded the claims for service connection for a respiratory disorder and passing out, as secondary to a 38 U.S.C. § 1151 award for residuals of left lobe pneumothorax with dyspnea on exertion due to lack of notification regarding scheduled VA examinations.

The Board has remanded the case due to an inadequate opinion regarding whether the Veteran's pre-existing bilateral foot disorder was aggravated by his military service. The case will be reviewed with a new examination and appropriate legal standards applied.