Other conditions decisions — 2020

The Board has remanded the case due to insufficient medical opinion and unresolved issues regarding service connection for the cause of death. The appellant is seeking compensation under 38 U.S.C. § 1151 for stomach cancer, which was not related to contaminated water at Camp Lejeune. Service connection for the cause of death remains in dispute.

The Board has decided to remand the case due to the need for further development and examination, including a review of herbicide exposure records and an addendum VA examination.

The Board has remanded the case due to insufficient explanation in the audit report and failure to consider instances where the Veteran did not receive full amount due by VA.

The Veteran's claim for VR&E services, including an M.B.A., was denied as he already holds a Bachelor of Science degree and is employable with his current education level.

The Board denied the Veteran's claim for service connection for right hip arthritis, finding that it is not due to his active military service and was not caused or aggravated by his service-connected lumbar spine DDD.

The Board has remanded the case due to incomplete development and requests an addendum opinion from a VA clinician regarding the nature and etiology of the Veteran's throat disability, including whether it is related to service.

The Board has remanded the cases due to inadequate medical examinations and incomplete consideration of certain aspects of the Veteran's conditions.

The Board has remanded the case due to failure to notify the Veteran of a scheduled VA examination and for additional development, including obtaining medical records and providing an examination.

The Veteran's additional tooth sensitivity and pain following occlusal adjustments by VA in November 2014 were not caused by carelessness, negligence, lack of proper skill, or error in judgment on part of VA. The Board found that the risk of such an event was foreseeable.

The Board has granted service connection for a brain tumor (anaplastic mixed glioma) due to presumed exposure to herbicide agents during service in Vietnam.

The Board denied the appellant's claim for VA benefits as a helpless child of the Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18, finding that there was no evidence supporting her contention.

The Veteran's ratings for right thigh limitations are denied as his flexion, impairment, and extension do not meet the criteria for a compensable rating.,The Veteran is not entitled to a 10 percent rating prior to November 20, 2017, or in excess of 10 percent from that date, for right thigh impairment due to lack of limitation of abduction.,The Veteran's ratings for right thigh limitation of extension are denied as his extension does not meet the criteria for a compensable rating.

The Veteran's spouse required regular aid and attendance due to her cancer treatment, but this changed after June 28, 2016. Beginning that date, the evidence did not show she needed regular aid and assistance.

The Board denied an initial disability rating in excess of 20 percent for the service-connected duodenal ulcer, finding that the Veteran's condition did not meet criteria for a higher rating based on recurrent episodes or moderate to severe manifestations.

The Board has remanded the case due to unclear information about the Appellant's income and expenses, which is necessary for a full decision on her claim for VA death pension. The issues of service connection for adenocarcinoma and compensation under 38 U.S.C. § 1151 are also inextricably intertwined with the pension issue.

The Veteran's claim for an earlier effective date for the grant of special monthly pension (SMP) based on need for aid and attendance is denied. The earliest date entitlement could have arisen was in April 2014, but the effective date assigned by VA was December 23, 2016.

The Board has granted service connection for ADHD as secondary to the Veteran's service-connected PTSD with depressed mood, anxiety, and insomnia disorder.

The Veteran's claim for service connection for dental disorder, to include loss of teeth, is denied as there is no current disability that meets the criteria for compensation.

The Veteran withdrew her appeals for earlier effective dates and higher ratings for bilateral retinal lattice degeneration and dysthymia.

The Board has remanded the case due to insufficient information regarding the Veteran's exposure to ionizing radiation and its relation to his colon cancer. The Veteran will need to provide updated medical records and undergo a VA examination.