Other conditions decisions — 2020

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's increased rating claim for dysthymia (now characterized as cyclothymic disorder with anxious distress) prior to February 28, 2008 and her TDIU claim prior to May 27, 2011 are both remanded due to the lack of consideration in the most recent decision.

The Veteran requested to withdraw their appeal regarding the overpayment of VA compensation benefits, and as a result, the Board dismissed the appeal.

The Veteran's request for waiver of overpayment of Chapter 33 education benefits was denied because it was not submitted within the required 180-day period after notification.

The Veteran withdrew his appeal for service connection for left and right arm disabilities.

The Veteran's death was not service-connected, and the appellant did not incur burial expenses. The claim for NSC burial benefits was denied as she did not provide evidence of actual burial costs.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The VA needs to obtain and associate the Veteran's SSA records with his case.

The Board has dismissed the claim of service connection for a prostate disability because it was granted in a previous rating decision. The skin disability claim is remanded for further examination and consideration.

The Board has remanded the Veteran's claims for service connection due to incomplete medical records and the need for a VA examination. The issues are inextricably intertwined as bilateral leg numbness is secondary to his low back condition.

The Veteran's right arm disability is remanded due to the inadequate opinion provided by the VA examiner. A new examination and review of medical records are needed.

The Board denied a rating in excess of 10 percent for emphysema with residuals of bilateral collapsed lung surgery (spontaneous bilateral pneumothorax) prior to May 16, 2019 and denied a rating in excess of 30 percent after May 16, 2019.

The Board has granted the application to reopen the claim of recognition as the deceased Veteran's surviving spouse for the purpose of establishing eligibility for VA death benefits, finding that the appellant and the Veteran were legally married at the time of the Veteran’s death and their separation was due to the misconduct of the Veteran without the fault of the appellant.

The Board has remanded the case due to uncertainty about whether the Veteran's metabolic encephalopathy is related to his service, including exposure to herbicides and other chemicals/exposures identified in the claims file.

The Board has decided that more information is needed to determine if the Veteran's leave of absence from his education program constituted a withdrawal, and they have ordered further development.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's left big toe fracture and arthritis are rated at 20 percent, the highest rating available under Diagnostic Code 5284 for foot injuries. The Board found that his disability is moderately severe but not severe enough to warrant a higher rating.

The Board has remanded the case due to inadequate compliance with prior remand directives regarding the etiology of left hand contractures. The Veteran's service treatment records, July 2017 hearing testimony, and other relevant medical opinions must be considered in determining whether his current condition is related to his military service.

The case is remanded due to the inadequacy of a previous VA examination and the need for further evaluation of the Veteran's service-connected herniated nucleus pulposus (HNP) L5/S1 with anterior interbody fusion with spondylolisthesis of L5 on S1.

The Board has granted service connection for a right inguinal hernia, status post repair, finding that the condition had its onset during active duty and is not aggravated by service.

The Board has remanded the issues of entitlement to service connection for left tibial fracture, dental avulsion of tooth number 9 (left upper central incisor), increased ratings for related conditions, and special monthly compensation by reason of need for aid and attendance or permanent housebound status. The appeal is also referred to the AOJ for adjudication regarding the issues of entitlement to service connection for left leg genu varum and left leg tendonitis.