Other conditions decisions — 2020

The Board has remanded the cases due to failure to comply with prior remand directives regarding service connection for AML and cause of death.

The Board has determined that the matter is not ripe for appellate review due to procedural issues and remands it back for compliance with contested claims procedures.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to assess the severity of the Veteran's celiac sprue disability throughout the appeal period.

The Board has denied the Veteran's claims for service connection, death pension, TDIU, and DIC under 38 U.S.C. § 1318 due to lack of evidence regarding the cause of death and because the Veteran did not have wartime service. The appeal is being remanded for further action on accrued benefits purposes.

The Board denied the Veteran's request for an earlier effective date of May 8, 2019 for a 100% disability rating for ventral hernia. The Board found that there was no factually ascertainable increase in severity of the hernia within one year prior to May 8, 2019.

The Board has decided that the Veteran's mitral valve prolapse with mitral valve repair is related to his active duty service, including active duty for training from July 12 to July 15, 2018 while a member of the Army Reserve. However, the VA examination provided was inadequate and thus the case is being remanded for further evaluation.

The Board has decided to remand the request for waiver of overpayment due to retroactive reduction for removal of a dependent spouse. The decision is based on inconsistencies in when the first spouse was added to the award and whether the child should have been included.

The Board denied an earlier effective date for the recognition of B.N. as the Veteran's spouse for additional dependency compensation due to lack of evidence within a year of the September 2009 notification letter.

The Board has granted a waiver of the recovery of an overpayment of $18,729.50 due to VA fault in calculation and unjust enrichment.

The Board has decided to remand the case due to a duty to assist error, requiring an addendum VA medical opinion on the relationship between the Veteran's service-connected diabetes mellitus and his liver cancer.

The Board granted a waiver of the recovery of an overpayment of VA improved death pension benefits, finding that it would be against equity and good conscience to collect the debt due to financial hardship.

The Board denied service connection for fatigue, restless legs, and muscle and joint pain as the evidence did not support a finding of current disability or in-service incurrence.

The Board has remanded the case due to an inextricably intertwined issue regarding a motion for reconsideration and CUE claim. The earlier effective date of service connection for the cause of death is being referred back to the AOJ.

The Veteran's claim for service connection for inguinal bilateral hernia has been reopened, and the appeal is granted to this extent. The case is remanded due to the need for a VA examination.

The Veteran's cause of death, metastatic pancreatic cancer and cholangiocarcinoma, was not due to a service-connected disability. The Board found no evidence linking the conditions causing his death with exposure to herbicides or his active service.

The Veteran's left knee disability, including arthritis with limitation of motion, meniscal tear, and instability, is rated at 10 percent since October 9, 2013. The rating will be adjusted based on the specific issues addressed.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's exposure to Agent Orange during his service in Thailand. The case will be returned for further verification of this claim.

The Veteran's service-connected cervical, lumbar, hemorrhoid, and headache disabilities do not preclude him from securing and following a substantially gainful occupation. The Board denied the claim for service connection of a stomach disability as there was no evidence to support its relationship with service or any service-connected condition.

The Board denied the Veteran's claim for service connection for a lung condition, finding that it is less likely than not due to or aggravated by his active duty service and more likely due to over 50 years of smoking.

The Board has remanded the case due to incomplete records and a need for a medical opinion regarding the etiology of the Veteran's Acute Myeloid Leukemia (AML). The case will be returned to the AOJ with instructions to obtain missing treatment records from the Doctors Hospital of Loredo, including the Veteran's dates of service. A VA specialist must then provide an opinion on whether it is at least as likely as not that the AML had its onset during active service or within one year of separation from service, or is otherwise related to his active military service, to include exposure to herbicide agents and/or aircraft emissions.