Other conditions decisions — 2020

The Board found that the overpayment of special monthly compensation benefits was due to sole VA administrative error and thus invalidates the debt.

The Board denied service connection for an unspecified personality disorder because it is not considered a disability for VA compensation purposes.

The Board has remanded the case for an addendum VA medical opinion to address the appellant's contentions regarding negligence in the Veteran’s treatment and monitoring, as well as whether the abrupt decline and death were foreseeable.

The Board has decided to remand the case due to a duty to assist error, specifically failing to provide a VA medical opinion regarding the Veteran's cause of death and potential exposure to hazardous chemicals during service.

The Board has remanded the case due to the need for a VA opinion regarding whether the Veteran's cause of death is related to his military service, specifically his exposure to contaminated water at Camp Lejeune. The examiner must also determine if the cause of death was proximately due to or aggravated by any service-connected disabilities.

The Veteran's claim for a separate compensable evaluation for left Achilles tendon disorder prior to November 12, 2015 was denied as there were no findings of limited left ankle motion or other functional impairment.

The Board has decided to remand the claim of compensation under 38 U.S.C. § 1151 for a back injury due to VA treatment, as there is insufficient information regarding whether VA exercised reasonable care in discharging the Veteran on March 31, 2017.

The Board granted an earlier effective date of May 28, 2015 for the grant of service connection for a right heel spur and assigned a disability rating of 20 percent for this condition from that date.

The Board has remanded the case for a VA examination to determine if the Veteran's lung disorder is related to his in-service asbestos exposure as a wheeled vehicle mechanic.

The Board has granted the appellant's claim for death pension benefits, finding that her income did not exceed the maximum annual pension rate and her net worth was under $123,600. The decision is based on evidence provided by the appellant regarding her income and asset transfers.

The Board has remanded the case due to a duty to assist error regarding service connection for gastrointestinal disorder, specifically hiatal hernia. The Veteran's claim is not granted as there is no evidence of loss of substance of the maxilla or mandible during active military service.

The Board has restored a 100% rating for Lyme disease effective October 1, 2019 after finding the reduction was improper due to inadequate notice.

The Veteran's pulmonary fibrosis is related to his service exposure to asbestos, and the Board has granted service connection for this condition.

The VA denied the claim for individual unemployability due to service-connected chronic pancreatitis, finding that the condition alone does not prevent the appellant from obtaining or maintaining substantially gainful employment.

The Board denied the Veteran's claims for service connection for residuals of right thigh and left calf disorders, finding that there was no evidence of a current disability or causal connection to active service.,The Board also found that the Veteran did not meet the criteria for service connection due to lack of in-service injury during ACDUTRA or inactive duty training.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for blindness due to optic neuritis of the right eye, finding that VA did not cause the disability and that there was no evidence of fault on VA's part.

The Board has decided to remand the case due to a potential error in creating the overpayment, and will need to determine if this was indeed an administrative mistake.

The Veteran is granted an effective date of December 2, 1985 for the award of a total disability rating due to individual unemployability (TDIU) based on his service-connected right leg disability.

The Board denied DIC benefits because the Veteran's death was not caused by a service-connected disability, and there is no evidence of negligence or fault on the part of VA. The cause of death was attributed to nicotine dependence.

The Board has determined that new and relevant evidence has been received, warranting readjudication of the claim for service connection for a rib condition. The case is now remanded to schedule the Veteran for an appropriate VA examination.