Other conditions decisions — 2020

The Board has remanded the claims for further development to determine if the Veteran's right tonsil squamous cell carcinoma, malignant neoplasm of the lymph nodes of the head, face, and neck, pulmonary nodules, and skin carcinoma are related to his service-connected left lung cancer and/or metastatic liver cancer.

The Veteran's appeals were dismissed because he submitted a Notice of Disagreement on the incorrect form, resulting in his appeal being added to an improperly docketed AMA case.

The Board has determined that the overpayment of $10,757.68 for spousal dependency benefits is valid and cannot be waived due to the Veteran's failure to notify VA of his divorce in October 2007. However, since February 2008 when he remarried, the Board has granted waiver of overpayment.

The Veteran's claim for an annual clothing allowance for the 2019 calendar year was denied because there was no evidence showing he used prescribed medication due to a service-connected disability that caused irreparable damage to his outer garments.

The Veteran's bilateral acquired pes cavus is currently rated at the maximum schedular evaluation of 50 percent. The Board denied entitlement to a higher rating, special monthly compensation due to loss of use of both feet, and TDIU based on service-connected disability.

The Veteran's initial 100% disability rating for prostate cancer residuals is granted prior to July 24, 2019. From July 24, 2019, the Veteran's claim for a higher rating is denied.

The Board denied the Veteran's request for an effective date earlier than January 1, 2019, for payment of a dependency allowance for his current spouse. The decision states that the earliest allowable effective date is January 1, 2019, due to the Veteran not notifying VA of his marriage until December 18, 2018.

The Board denied the Veteran's claim for service connection for neurobehavioral effects, finding insufficient evidence to link his current condition to his military service or exposure at Camp Lejeune.

The Veteran's glomerulonephritis remains at a 0 percent disability rating, and the Board has decided to remand the case for further evaluation.

The Board denied the Veteran's request for an earlier effective date of August 22, 2007 for special monthly compensation based on the need for regular aid and attendance (SMC-AA) due to tardive dyskinesia. The Board found that entitlement to SMC-AA arose on June 26, 2014.

The Board denied the appellant's claim for VA survivor’s pension benefits due to excessive income, as her net worth exceeded the regulatory income limitations.

The Veteran's claim for compensation under 38 U.S.C. § 1151 due to a VA surgery is being remanded due to the need for additional development and review of her claims.

The Veteran's appeal for an earlier effective date for additional compensation for dependent children pursuing a course of instruction at educational institutions approved by VA is denied. The claim was not filed within one year after the children turned 18, and no claim was submitted within one year of their commencement of college.

The Board has decided to remand the case due to a duty to assist error, and requests additional information from the Appellant's records.

The Board has remanded the case due to insufficient examination opinions regarding whether the appellant's hip disabilities are related to her service, specifically her INACDUTRA period in September 2010.

The Board denied the Veteran's claim for service connection for a heart murmur, finding that it was a congenital defect and not caused or aggravated by an imposed injury or disease during service.

The Board has granted an effective date of July 25, 2009 for the grant of TDIU due to service-connected bilateral lower extremity venous insufficiency.

The Board has remanded the nonservice-connected pension benefits claim due to incomplete information regarding the Veteran's income and expenses. The case will be returned after compliance with appellate procedures.

The Board denied the appellant's claim for education benefits under Chapter 1606 (MGIB-SR) because he did not have a 6-year commitment with the Selected Reserve, as determined by the service department.

The Board has dismissed the appeal because the appellant died during the pendency of the appeal, and thus the Board no longer has jurisdiction to adjudicate the merits of this claim.