Other conditions decisions — 2020

The Veteran's death was not caused by a service-connected condition, and his DIC claim is denied. The effective date for the 100% disability rating for bilateral hearing loss cannot be earlier than January 14, 2015.

The appeal was dismissed due to the appellant's death, and no service connection issues were decided.

The Board denied the claim as the Appellant did not meet the requirements to be recognized as the Veteran's surviving spouse for VA benefits purposes, including for the purpose of receiving DIC benefits, survivors' pension, and/or accrued benefits.

The Board found that the grant of service connection for squamous cell carcinoma (base of tongue) was clearly and unmistakably erroneous due to it not being a disease covered by presumptive provisions, thus severing service connection.

The Board denied the Veteran's claim for service connection for colon and/or rectal cancer, to include lymphoma, as it was not incurred in or aggravated by his service, including exposure to herbicide agents.

The Board denied the Veteran's claim for an initial compensable rating for testicular cancer residuals, finding that his current noncompensable rating adequately reflects all of his residuals from the condition. The decision also noted that he was already receiving a 10 percent rating for limitation of flexion in the left leg and myositis of the left vastus lateralis muscle.

The Board has decided to remand the cases for further examination and review due to issues related to the Veteran's competency in handling VA funds and the propriety of his fiduciary appointment.

The Board has granted service connection for ocular histoplasmosis, finding that the Veteran's loss of vision was aggravated by his service-connected diabetes mellitus.

The Board found that the appellant was the legal spouse of the veteran at the time of his death and there is no indication she was remarried or held herself out as the spouse of another. The separation between them did not break the continuity of cohabitation due to fault on either party's part.

The Board has remanded the case due to a lack of probative value in the January 2018 medical opinion, which questioned the credibility of the Veteran's report of having engaged in unprotected sex with an individual during service who was diagnosed with HIV and/or AIDS. The Board now requires a supplemental medical opinion regarding whether it is at least as likely as not that the Veteran’s HIV was incurred during his active military service or is otherwise related to his period of service from 1984 to 1986.

The Board has granted service connection for ulcerative colitis as secondary to the Veteran's service-connected mood disorder with panic attacks, finding that the evidence is in equipoise and resolving all reasonable doubt in favor of the Veteran.

The Board denied an earlier effective date for DIC benefits, stating that the claim was filed on December 22, 2015 and therefore cannot be granted as it is not earlier than this date.

The Board denied service connection for hairy cell leukemia and a sinus disability, concluding that the preponderance of evidence did not support a finding that these conditions began during service or were related to any in-service exposures.

The Board has remanded the case due to insufficient evidence regarding whether a service-connected disability contributed to the Veteran's death. The appellant must provide additional medical opinions.

The Board has determined that the appellant's discharge from service was due to willful and persistent misconduct, which constitutes a bar to receiving VA benefits. The character of his service is therefore not considered honorable or under honorable conditions.

The Veteran's adjustment disorder was rated at 70 percent prior to October 12, 2018 and granted a 100 percent rating effective October 12, 2018.,Prior to October 12, 2018, the Veteran did not meet the criteria for a TDIU as her adjustment disorder was not manifested in total occupational and social impairment.

The Veteran's service-connected acquired psychiatric disorders are rated at an initial 70 percent, but no higher. The rating will remain in effect until further notice.

The Veteran's right eye disability, including pinguecula and pterygium, resulted in a 10% rating for visual impairment prior to April 25, 2016. From that date until July 19, 2019, the Veteran was granted a 30% rating for his right eye disability. As of August 15, 2017, he received a 10% rating for disfigurement due to pterygium.,The decision also addressed the Veteran's pinguecula and pterygium separately, with each condition receiving its own rating based on visual impairment.

The Board denied the Veteran's claim of service connection for a dental disability for compensation purposes as there is no evidence of loss of substance of the body of the maxilla or mandible due to trauma or disease such as osteomyelitis, which would be required for service connection for a dental disability for compensation purposes.

The Board denied service connection for a skin disorder, finding no in-service injury or disease and insufficient evidence linking the current condition to active service.