Other conditions decisions — 2020

The Board dismissed the Veteran's claim to revise a January 1985 rating decision on CUE as it lacked jurisdiction over this issue.

The Veteran's bilateral elbow disabilities were granted a 10% rating prior to November 21, 2016 and denied any higher ratings thereafter.

The Veteran's death was not caused by exposure to herbicidal agents during service, and the cause of death (multiple myeloma) is not considered a presumptive disease related to such exposure. The claim for service connection for the cause of death is denied.

The Veteran's right knee arthroplasty resulted in additional disability, but the Board finds that this was not caused by VA carelessness or negligence. The evidence does not support a finding of fault on VA’s part.

The Board has remanded the cases for further development due to insufficient evidence regarding the nature and etiology of the Veteran's left elbow disability and respiratory disability. The VA will seek additional information from the Veteran, review his claims folder with an appropriate clinician, and provide a clear rationale for any determinations made.

The Board has remanded the case due to incomplete records and requests for additional medical evidence. The issue of benefits under 38 U.S.C. §§ 1805 and 1815 for a child born with spina bifida or other covered birth defects is now pending.

The Board has determined that the Veteran's death was caused by a cancer related to in-service herbicide exposure, and thus service connection is granted for the cause of the Veteran’s death.

The Board has decided to remand the case due to insufficient evidence regarding the correct amount of SSA income attributed to the Veteran and the unreimbursed medical expenses for the period December 1, 2009 - February 1, 2017. Further development is needed.

The appellant's claim for accrued benefits was deemed timely, and the appeal is granted.

The Veteran withdrew his appeal, leaving no issues for the Board to consider.

The Veteran's SMC claim was remanded for further development, including a VA examination. The Veteran missed the scheduled appointment due to a healthcare emergency and requested another one, but it has not been honored. The case is being remanded again to schedule an appropriate clinician for a VA examination.

The Veteran's claim for a disability rating in excess of 60 percent for residuals of a malignant neoplasm of the prostate gland is denied. The maximum schedular rating assignable for his condition has been assigned, and there are no additional factors that warrant an increased rating.

The Board has decided that the Veteran's benefits should be terminated due to his status as a fugitive felon, and they are remanding this case for further procedures.

The Board denied service connection for hysterectomy as the Veteran's need for a hysterectomy was due to multiple uterine fibroids, which are unrelated to her in-service gynecological problems or exposure to chemicals/fuels during service.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that there was no continuous cohabitation from the date of marriage to the date of death and that any separation was not due to the misconduct or fault of the appellant.

The Veteran's claim for a compensable rating for his scar associated with squamous cell carcinoma in remission, status post left-lower lung lobectomy was denied. His claim for an increased rating in excess of 10 percent for the scar was also denied.

The Board has remanded the case due to uncertainty regarding whether the Veteran's hiatal hernia is related to service, specifically his contention that it was caused by rearming and repairing M48 and M60 tanks during service. The Board requests an addendum opinion from a clinician.

The Veteran requested an earlier effective date for service connection awards, but withdrew her appeal before the Board could make a decision.

The Board denied service connection for the cause of death due to lobar pneumonia, finding no evidence linking it to military service or herbicide exposure.

The appeal has been dismissed as the Appellant withdrew her appeal.