Other conditions decisions — 2020

The Board has determined that the issue of entitlement to an apportionment of the Veteran’s VA compensation benefits to the appellant, on behalf of the children A.A.D. and A.J.D., is not ripe for appellate review due to procedural issues. The case involves a simultaneously contested claim where all interested parties have not been notified of the action taken by the AOJ and their right to appeal.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's receipt of concurrent VA benefits and military reserve pay, specifically the number of days during which he received both types of payments. The RO is instructed to verify his drill dates and pay for the period in question.

The Board has reopened the Veteran's claim for service connection for PID due to new and material evidence. The case is remanded for a VA examination to determine the etiology of her PID, including whether it is related to her service-connected PTSD or an STI resulting from MST.

The Board has remanded the case due to insufficient medical records and need for further examination regarding the Veteran's skin disorder, specifically scleroderma.

The Veteran's claims for a higher disability rating and TDIU are being remanded due to the need for additional development, including obtaining medical records and clarifying the nature of his convalescence.

The Board has granted service connection for residual of bone graft to the mandible, but denied service connection for trouble sleeping as it is not distinct from PTSD.

The Veteran's appeal regarding the claim of entitlement to service connection for bilateral hearing loss has been dismissed due to his death.

The Veteran's appeal regarding an earlier effective date for a 100 percent rating for liver cancer has been dismissed due to the death of the Veteran.

The Veteran withdrew her appeal in writing before the Board could make a decision, so the case is dismissed.

The Veteran's claims for a higher rating for his right meniscal tear and an extension of the temporary total disability rating are being remanded. The TDIU claim is also being remanded due to outstanding Social Security Administration records.

The Veteran's initial rating for his gastrointestinal disability was denied, but he was granted a TDIU effective November 10, 2011.

The Board has reopened the claim of service connection for the cause of the Veteran’s death due to new and material evidence. The case is remanded for further analysis regarding whether the service-connected disabilities, exposure to Agent Orange, or underlying psychiatric disability related to service caused the Veteran's death.

The case must be remanded for additional development as the VA treatment records from February 2018 to the present need to be obtained and reviewed.

The Board denied the claim for waiver of overpayment due to the Veteran's fault in not informing VA about his divorce and remarriage, resulting in an unjust enrichment if he were to keep the overpayment.

The appellant is not recognized as the surviving spouse of the Veteran for VA death pension benefits due to her remarriage after January 1, 1971.

The Veteran withdrew his appeals for service connection of left and right leg disorders, so the appeal is dismissed.

The Veteran's initial compensable rating claim for the left fourth finger disorder was denied. The respiratory disorder claim was also denied, with the appeal being remanded on multiple issues.

The Board has remanded the claim of service connection for a respiratory condition due to exposure during service in Southwest Asia. The current examination did not adequately consider the Veteran's lay statements regarding his symptoms and continuity.

The Board has remanded the claims for service connection, rating increase, and TDIU due to new evidence added since the last SSOC.

The claim for compensation under 38 U.S.C. § 1151 for colon cancer is dismissed, and the issue of service connection for colon cancer is remanded.