Other conditions decisions — 2020

The Board has determined that the Veteran's current diagnosis of diverticulitis had its onset during his military service, and thus grants service connection for this condition.

The Board has granted service connection for bruxism as secondary to the Veteran's service-connected PTSD.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's disabilities make him need the regular aid and attendance of another person or render him housebound. The issue of special monthly pension based on the need for regular aid and attendance or being housebound is now pending.

The Veteran's son, B., was not eligible for additional dependency benefits from December 2014 to September 2015 because he turned 23 years old in that period and did not meet the criteria for school attendance benefits.

The Board denied recognition as the surviving spouse for Dependency and Indemnity Compensation (DIC) benefits because the appellant and the Veteran did not enter into a valid marriage for at least 1 year prior to the Veteran’s death, and they did not hold themselves out as married prior to their August 2016 marriage.

The Veteran's claims for education benefits under the Veterans Retraining Assistance Program (VRAP), Chapter 33 (Post-9/11 GI Bill) and work-study education benefits were denied as she did not meet the eligibility criteria for any of these programs.

The Veteran's claims for increased ratings for Raynaud’s phenomenon and adjustment disorder with insomnia are being remanded due to the need for additional development of his VA treatment records.

The Veteran's appeal is remanded due to the need for extraschedular TDIU consideration. The Board cannot make a decision on the rating claim as it is not currently before them.

The Veteran's claim for a compensable rating for surgical scar, right lower extremity associated with lymphedema associated with post-operative fasciotomy was denied. The Board has remanded the issue due to new evidence received after the October 2019 supplemental statement of the case.

The Board has denied service connection for prostate disability, gastrointestinal disorder, difficulty breathing, and right eye disability due to lack of a nexus between the conditions and active military service.

The Board has determined that the Veteran's glioblastoma multiforme was related to his exposure to environmental hazards during active service, including burn pits. The claim for service connection is granted.

The Veteran's service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment, as his combined disability ratings already contemplate significant impairment in earning capacity and loss of working time.

The Board denied service connection for arteritis and TDIU prior to January 23, 2017 due to the lack of a current diagnosis of arteritis and because the Veteran was engaged in gainful employment up until October 2017.

The Veteran's claim for an earlier effective date for the award of higher ratings for shin splints is denied. The effective date cannot be earlier than March 28, 2017 as there was no prior informal or formal claim for increased rating before this date.

The Board denied the claim for dependency and indemnity compensation (DIC) benefits due to a bar on VA benefits based on an undesirable discharge under other than honorable conditions. The appeal was not about service connection, but rather the character of the appellant's spouse's discharge.

The Board denied the Veteran's claim for a waiver to recover an overpayment of VA benefits, finding that recovery would not be against equity and good conscience due to the Veteran's partial fault in creating the debt.

The Veteran's bilateral visual impairment is rated at 70 percent effective March 13, 2014. The appeal for a higher rating prior to that date remains pending.

The Board denied the Veteran's claim for service connection for costochondritis as there was no evidence linking his current condition to his active duty. The new evidence submitted did not relate to an unestablished fact necessary to substantiate the claim.

The Board has determined that the appellant was insane at the time of his discharge in April 1971, and therefore, his character of discharge does not bar him from receiving VA benefits.

The Board has remanded the claims for service connection for TMJ dysfunction and a mouth condition, including multiple tori, due to internal inconsistencies in previous opinions. The Veteran needs further medical evaluation to determine if he currently has these conditions and their relationship to his military service.