Other conditions decisions — 2020

The Board denied the Veteran's waiver of recovery for an overpayment of $670.55 in Chapter 33 educational benefits due to fault on his part and found that repayment would not create undue hardship or defeat the purpose of the benefit.

The Veteran withdrew his appeal for entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU). The Board dismissed the case as a result.

The Board has determined that there is a duty to assist error prior to the July 2019 rating decision and remands the case for further development.

The Veteran's cause of death, metastatic adenocarcinoma of the lung, is determined to be related to his in-service exposure to radiation. The Board granted service connection for the cause of the Veteran's death based on presumptive service connection due to radiation exposure.

The Board denied service connection for a liver disability, finding that the Veteran's current condition did not manifest during his service and is not related to herbicide exposure. The evidence does not support a direct link between the Veteran's in-service service and his current liver disability.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's breast cancer is related to her service at Camp Lejeune, where she was exposed to contaminated water. The VA will need to obtain medical opinions and possibly SSA records.

The Board denied a higher rating for the Veteran's left wrist conditions, finding that the evidence did not meet the criteria for an increased rating prior to June 11, 2019 and in excess of 40 percent from that date forward.

The Veteran's squamous cell carcinoma and related conditions have required regular aid and attendance since March 27, 2012. The Board granted an effective date of March 27, 2012 for the award of SMC based on need for regular aid and attendance.

The Veteran's claim of service connection for a skin disorder is remanded due to the need for a VA examination and additional development. The examiner should consider the Veteran's reported symptoms during service, his diagnosis in 1954, and Dr. R.'s opinion regarding chemical exposure.

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

The Board denied the veteran's claim for nonservice-connected pension benefits due to a lack of qualifying active military service during a period of war, specifically because his claimed periods of active duty were classified as Active Duty Training (ACDUTRA) and not active service. The Board found that he did not have 90 days or more of active duty with at least one day during a period of war.

The Veteran's service-connected hypogonadism of the right testicle is being remanded for further evaluation due to unclear symptoms and a need for additional examination.

The Veteran's appeal is remanded for further evaluation of his service-connected abdominal cystic lesions, prostate cancer, erectile dysfunction (ED), hair loss, and other issues.

The Board has remanded the case due to a need for further adjudication regarding the Appellant's eligibility to substitute as claimant for her deceased husband.

The Board has denied the Veteran's claims for service connection for alcohol use disorder and ADHD, finding that there is no evidence of a direct link to active duty or any other service-connected disability.

The Veteran's claim for service connection for a dental disability, including loss of teeth, is denied as there is no evidence that the condition was incurred or aggravated by active service.

The Veteran's claim for a higher rating for his service-connected perforated left tympanic membrane is denied as the maximum schedular rating of noncompensable has been assigned.

The Veteran's right knee disability was not granted a higher rating for limitation of flexion or extension, and the separate ratings for meniscal condition and instability were also denied.

The appeals for specially adapted housing and special home adaptation grant were dismissed due to the Veteran's death, as these benefits are not considered periodic monetary benefits.

The Veteran's claims for service connection for a deviated septum and sleep apnea as secondary to the deviated septum were granted, but an effective date prior to May 3, 2018 is denied.