Other conditions decisions — 2020

The Veteran's claim to reopen service connection for a left leg disability is granted. Service connection for a respiratory disability is denied, and the Veteran receives a 70 percent rating for major depressive disorder throughout the appeal period.

The Board has remanded the Veteran's claims for cognitive disorder and acquired psychiatric disorders due to service, including as secondary to his service-connected disabilities. The issues have been remanded for further examination and opinion regarding whether these conditions are related to service or an undiagnosed illness.

The Board has remanded the case due to procedural errors and will provide a joint DRO hearing for both parties, as well as new SOC and SSOCs.

The Veteran was granted an initial rating of 60 percent for cholinergic urticaria prior to January 15, 2016. The appeal is denied for a rating in excess of 10 percent beginning January 15, 2016.,The Veteran's TDIU claim was granted for the entire period prior to January 15, 2016.

The Board has remanded the case for an addendum opinion regarding the etiology of the bilateral eye disorder, specifically addressing whether it is related to active military service and if it is caused or aggravated by the service-connected atopic dermatitis.

The Board found that the overpayment of $538.93 was properly created due to a delay in notifying VA of the divorce, and thus denied the appeal.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board denied the Veteran's claim for service connection for a respiratory disorder, including pleurisy, pulmonary nodules, and right hemidiaphragm eventration. The evidence did not support a finding that these conditions were related to his period of active service.

A 100 percent evaluation for service-connected right jaw osteoradionecrosis/osteomyelitis is granted effective July 28, 2015. A compensable evaluation for xerostomia is denied.,Special monthly compensation based on housebound status is granted effective July 28, 2015.

The Veteran's liver cancer and metastatic colon cancer are at least as likely as not related to service exposure in Southwest Asia, leading to the grant of service connection.

The Veteran's surviving spouse, who is not the Appellant, has been awarded burial benefits. The Board denied the Appellant's claims for recognition as the Veteran's surviving spouse and for burial benefits due to her failure to meet legal criteria.

The Veteran's claims for an increased rating and TDIU are being remanded due to the need for a supplemental opinion regarding the ameliorative effects of medications on his service-connected inflammatory arthropathy.

The Board denied the Veteran's claim for service connection for colorectal cancer, finding that there was no evidence of a nexus between the condition and his military service or herbicide exposure.

The overpayment of VA compensation benefits was denied due to the retroactive reduction in the compensation rate.

The Board has decided to remand the issues for further development due to outstanding private treatment records and incomplete service treatment records.

The Board has determined that the Veteran's claims for an effective date prior to March 5, 2015 for service connection and a higher rating are denied. The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to new evidence of worsening symptoms.

The Veteran's waiver of recovery for overpayment of VA compensation benefits in the amount of $6,011 is granted due to no indication of fraud, misrepresentation or bad faith on his part. The Board finds that recovery would be against equity and good conscience given the financial hardship.

The Board has granted service connection for C5 incomplete quadriplegia, finding that it is proximately due to or a result of the Veteran's service-connected PTSD. The other issues on appeal have been remanded.

The Board denied service connection for trigeminal neuralgia, bilateral hand disability, immunological effects, weight loss, fatigue, and muscle spasms. The claims were based on presumed exposure to contaminated water at Camp Lejeune.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's liver hemangiomas and his in-service exposure. The claims file will be sent back for further development, including obtaining updated VA treatment records and an addendum opinion from a VA examiner.