Other conditions decisions — 2020

The Veteran's right hand third digit laceration with contusion is granted a 10 percent rating on and after September 24, 2015. A separate 10 percent rating for traumatic arthritis of the right hand third digit as a residual of his right hand third digit laceration is also granted.

The Board denied service connection for the cause of death due to glioblastoma multiforme, finding that there was no evidence linking the cancer to the Veteran's active duty service or exposure to herbicide agents like Agent Orange.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's melanocytic nevus is related to service. The Veteran needs a new VA examination to determine if the condition is at least as likely as not caused or aggravated by service.

The Veteran's service-connected disabilities did not meet the minimum schedular rating requirement for a TDIU prior to June 6, 2016. The Board denied an earlier effective date for TDIU as he was not unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has granted service connection for myringosclerosis (ear drum scars), finding that the condition is attributable to service.

The Veteran's allergies were denied as there is no evidence of an in-service event or a nexus to service.,Service connection for cancer of the ear was also denied due to lack of any diagnosed condition related to Agent Orange exposure.,A 10 percent rating was granted for duodenal ulcer, with recurring symptoms off and on.

The Board has granted service connection for a low back disability and remanded the right foot disability issue.

The Veteran's right hip strain has been rated at 20 percent for limitation of flexion and a separate 10 percent rating for impairment of the thigh. The Board denied a higher rating, finding that flexion is limited to no less than 65 degrees.

The Board dismissed the claim for an apportionment of the Veteran's VA benefits to his former spouse because he is not in receipt of any VA compensation benefits from which an apportionment can be granted.

The Board has determined that the matter is not ripe for appellate review due to procedural issues and requests remand for compliance with contested claims procedures, including providing the Veteran with a copy of the appellant's June 2019 substantive appeal and a Board certification letter. The parties are also asked to provide updated information regarding their monthly income and expenses as well as any child support records.

The Board has remanded the case due to insufficient evidence regarding the service connection for dizziness and light-headedness. The Veteran's current orthostatic hypotension with these symptoms is being evaluated further.

The Board denied payment of education benefits under Chapter 30 (MGIB) at the full-time rate for courses at UAB from August 2016 to May 2018 due to a certification by UAB that the Veteran's coursework was not full-time.

The Board has decided that the Veteran's stuttering, claimed as a speech impediment, should be remanded for further examination and opinion regarding its etiology.

The Veteran's mother did not serve in Vietnam, Korea, or Thailand. The appellant does not have spina bifida and her mother is not a Vietnam, Korea, or Thailand Veteran. Therefore, the claim for benefits under 38 U.S.C. §§ 1805 and 1815 is denied.

The Board has remanded the case due to non-compliance with previous instructions regarding obtaining VA treatment records from 1997 to February 2014. The AOJ did not obtain all relevant records and failed to verify if they were available.

The Board has determined that the overpayment of VA housing allowance benefits was not validly created due to brief periods of Active Duty for Training (ADT) and thus grants the appeal.

The Board has determined that a VA examination is needed to assess the Veteran's dental disabilities, including periodontal disease and tooth loss. The examiner should determine if these conditions are related to service-connected diabetes mellitus, type II.

The Board has granted service connection for the Veteran's left elbow disability, finding that it is due to an in-service injury and resolving reasonable doubt in favor of the Veteran.

The Board denied the appellant's claim for recognition as the Veteran’s surviving spouse due to lack of a valid marriage under Florida and Massachusetts law, despite their long-term relationship.

The Board denied the Veteran's death pension benefits and service connection for the cause of his death. The appellant was not recognized as the surviving spouse due to her remarriage, and there is no evidence linking the Veteran’s death to service or alcohol use.