Other conditions decisions — 2020

The Veteran's right eye condition was not found to be caused by VA treatment, and the Board determined that no additional disability resulted from the carelessness or negligence of VA.

The Board has remanded the cases for further development and consideration due to the need to obtain additional medical records, particularly from private providers. The Veteran's subjective dizziness and loss of balance are being reviewed in light of their potential secondary relationship to his service-connected tinnitus, hearing loss, or migraine headaches.

The Board has remanded the case due to incomplete information about the Veteran's service periods and exposure history. The Appellant contends that the Veteran was exposed to toxic or hazardous materials during his service, specifically at Fort McClellan in 1988. Further development is needed to verify these claims and obtain an opinion from a hematologist/oncologist regarding the cause of the Veteran’s death.

The Board denied reopening the claim for service connection for status post myocardial infarction due to lack of new and material evidence, as the submitted evidence did not raise a reasonable possibility of substantiating the underlying claim.

The Board has granted service connection for peripheral vascular disease and carotid stenosis of the bilateral lower extremities, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's active duty service, including his exposure to tactical herbicides.

The Board found that the termination of nonservice-connected death pension benefits effective November 1, 2015 was improper and restored the appellant's pension benefits effective November 1, 2015. The overpayment issue was also resolved in favor of the appellant.

The Board has remanded the case due to incomplete information and requests for records from a private medical provider. The appellant is asked to complete a VA Form 21-4142 for Dr. W.K. at Bellevue Medical Center with the correct treatment dates.

The Board has granted $135.58 in accrued benefits to the Appellant, as she paid for her father's grave marker from her personal funds.

The Board has determined that the Veteran's claim for service connection for Acute Myeloid Leukemia should be remanded due to incomplete records and need for further examination. The claims file does not contain a complete record of the Veteran’s pertinent reserves service, including periods of ACDUTRA or INACDUTRA during her period/s of service in the U.S. Air Force Reserve.

The Board has decided that the Veteran's request for a waiver of overpayment was not timely filed and has ordered a remand to obtain missing documents related to the debt and determine its validity.

The Veteran's initial and increased ratings for thoracic spine compression disability have been remanded due to the need for additional development.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for osteopenia (claimed as osteoporosis) is being remanded due to the need for an adequate VA medical opinion regarding whether there are additional disabilities compensable under § 1151 and if so, whether they are due to carelessness, negligence, lack of proper skill, error in judgment, delay in treatment, or a similar instance of fault on the part of VA providers.

The appeal was dismissed due to the appellant's death, and no service connection issues were decided.

The Board has remanded the cases for further development and examination due to concerns about the adequacy of the August 2017 VA examination, as well as the need for updated treatment records. The TDIU claim is inextricably intertwined with the sickle cell disease rating claim.

The Board denied the Veteran's claim to reopen his service connection for a malaria disorder, claiming as fever of undetermined origin, because the new evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Veteran withdrew his appeal for entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU). As a result, the Board dismissed the appeal.

The Board has remanded the case due to new evidence being associated with the record and not having been considered by the AOJ.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's current eye disabilities were incurred in or aggravated by his period of service.

The Board has determined that the Veteran required assistance in accomplishing activities of daily living and was unable to protect himself from hazards due to his service-connected disabilities, leading to a grant of SMC based on need for aid and attendance.

The Veteran's right upper tibial stress fracture is rated at 10 percent, but no higher. The Veteran's paralysis of the right and left upper extremities are each rated at 50 percent, while his paralysis of the right and left lower extremities are each rated at 40 percent.