Other conditions decisions — 2020

The Board found the July 11, 2017 VA Form 9 timely filed and thus allowed the Veteran's appeal of the September 2014 RO rating decision denying a TDIU.

The Veteran's claim for an initial compensable rating for bilateral dry eye syndrome is remanded due to the failure to provide a VA examination in light of good cause shown.

The Veteran's claim for service connection of oropharyngeal/hypopharyngeal and tonsillar cancers, previously identified as residuals of throat and respiratory cancer, is granted with an effective date of January 6, 2005.

The Board denied service connection for a lower right leg disorder, finding that the Veteran does not have a separate and distinct disability from his already service-connected conditions.

The Veteran's claim for a compensable rating for left side facial numbness is remanded due to the failure to schedule an examination and provide notice of same.

The Board has granted the request for waiver of recovery of an overpayment of VA compensation benefits in the amount of $31,939.50 and remanded the issue to the Committee on Waivers and Compromises (COWC) for further adjudication.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board has decided to remand the case due to lack of compliance with previous remands and for an expert medical opinion regarding the Veteran's heart condition, including its relation to service, herbicide exposure, in-service viral infection, and heavy labor duties.

The Veteran's claim for service connection for ankylosing spondylitis is granted. The Board also grants the Veteran's claims for service connection for arthritis in various parts of his body, but notes that these are considered direct service connections and not based on exposure to radiation or other specific conditions.

The Veteran's anemia was found to not meet the criteria for a rating in excess of 10 percent from March 14, 2014, to October 25, 2018, and did not meet the criteria for a rating in excess of 30 percent beginning October 25, 2018. The Board found that the Veteran's anemia was not severe enough to warrant higher ratings under either the old or new rating criteria.

The Veteran's diaphragm paralysis and nerve damage due to surgery are being remanded for further evaluation, including a new VA examination. The TDIU claim is also being remanded as it is inextricably intertwined with the rating assigned for his disability.

The claims for service connection and TDIU from April 1, 2015 have been granted by a VA rating decision dated April 2020. The Board has dismissed the appeal due to lack of jurisdiction as the claims are moot.

The Board has determined that the matter is not ripe for appellate review due to procedural issues and remanded for further action.

The appeal is dismissed due to the appellant's death, and no service connection was granted.

The Board has remanded the case due to inadequate medical opinion regarding the cause of death and exposure to herbicides.

The Board denied the Veteran's request for a waiver of overpayment of VA pension benefits, finding that recovery would not be against equity and good conscience due to the Veteran's financial strain but also noting that he was at fault in creating the debt. The decision did not address service connection issues.

The Veteran's appeal for increased ratings was dismissed due to his death, and no service connection issues were addressed.

The Veteran's overpayment claim is being remanded to address the validity of the debt, specifically whether it was properly created based on VA regulations.

The Board has remanded the case due to unclear medical records regarding whether the Veteran's loss of teeth other than tooth #29 is related to service, including an in-service trauma. The VA examiner will need to provide a clear opinion on causation and aggravation.

The Board denied the veteran's claim for nonservice-connected disability pension benefits as he did not have qualifying active military service during a period of war.