Other conditions decisions — 2020

The Board has granted readjudication of the claims for bilateral hip disorder and nasal disorder, finding new and relevant evidence to support reopening these claims.

The Board dismissed the appeal as it granted Special Monthly Pension (SMP) based on the need for aid and attendance of another person, effective from October 23, 2018. The appellant's claim was for nonservice-connected death pension benefits.

The Veteran's appeal is remanded to determine the appropriate effective date for his TDIU and special monthly compensation under 38 U.S.C. § 1114(s)(1). The decision notice must include a summary of applicable laws and regulations.

The Veteran's service is not considered qualifying for nonservice-connected pension benefits as he did not serve in a period of war. Therefore, his claim for pension benefits is denied.

The Veteran's claim for additional dependency benefits based on his older son, S. H., attending school was granted because the AOJ incorrectly denied the request due to an incomplete form submission.

The Board has remanded the case due to insufficient medical evidence on whether the Veteran's skin disability is related to his in-service herbicide exposure. The VA will schedule a new examination for the Veteran.

The Board has remanded the claim of service connection for a left eye disorder, including pinguecula as secondary to the service-connected vitreous floater disability due to inadequate VA medical opinions and need for further development.

The Board has remanded the case due to an issue related to a claim of clear and unmistakable error (CUE) in a July 2011 rating decision. The matter will be returned to the Board after compliance with appellate procedures.

The Veteran's left elbow degenerative joint disease is granted an initial rating of 10 percent, but no higher. The issue of service connection for grinding of the teeth has been remanded.

The Veteran's cause of death was metastatic carcinoma of the esophagus, which is not service-connected. The Board denied both the claim for service connection and DIC under 38 U.S.C. § 1318.

The Veteran's claim for service connection for MEN-Type 1, which is not a presumptive condition associated with herbicide exposure, is remanded due to the lack of a VA medical opinion linking the condition to his presumed herbicide agent exposure during service.

The Board has determined that additional evidence received by VA since the March 2018 Supplemental Statement of the Case (SSOC) warrants remand for readjudication. The issues of higher staged initial evaluations for uterine fibroids, with and without residual urinary frequency and incontinence, as well as status post hysterectomy due to uterine fibroids, are being remanded. Additionally, the issue of entitlement to a TDIU is intertwined with these claims and also requires remand.

The Board has remanded the cases of Morton's neuroma of the left foot and a throat condition for further development. The Veteran is seeking service connection for these conditions, but the current evidence does not support granting this claim.

The Board denied the Veteran's claim for VA compensation benefits under 38 U.S.C. § 1151 due to a lack of evidence showing negligence or unforeseeable events caused his loss of left eye visual acuity.

The Board has remanded the case due to insufficient substantial compliance with previous directives, and additional development is needed.

The Veteran's service-connected disabilities significantly impact his ability to work, but do not meet the schedular criteria for total disability rating based on individual unemployability (TDIU). The case is remanded for further development and consideration of an extraschedular TDIU.

The Veteran's claim for an initial compensable rating for gastroenteritis (to include nausea and abnormal bowel movements) is being remanded due to inadequate examination reports. The Board requires a new VA examination to assess the severity of his service-connected disability.

The Board has remanded the claims for esophageal cancer, liver cancer, and cardiovascular disability due to Agent Orange exposure. The case is returned to the Board for development of an addendum medical opinion addressing the etiology of these conditions.

The Veteran's cause of death was chronic lymphocytic leukemia (CLL), which the Board found not service-connected.,The Veteran did not meet the criteria for DIC under 38 U.S.C. § 1318.

The Veteran's RUE cubital tunnel syndrome has been granted a 10 percent rating, effective October 18, 2019. The appeal for TDIU is remanded.