Other conditions decisions — 2020

The Veteran's claim for a rating in excess of 50 percent for adjustment disorder with depressed mood is being remanded due to the submission of new evidence. The AOJ will review and readjudicate his case based on this new evidence.

The Board has determined that the issue of apportionment of the Veteran's VA benefits to the appellant, on behalf of the minor child C.A., is not ripe for appellate review due to procedural issues. The matter is being remanded to ensure full compliance with the contested claims procedures.

The Board dismissed the appeal due to the Appellant's death, as the appeal on the merits has become moot.

The Veteran's separation/readjustment pay was properly recouped from his VA disability compensation, and the appeal is denied.

The Veteran's frontal lobe dementia is remanded for further examination and opinion regarding its relationship to service, specifically Agent Orange exposure. The Board also requests an opinion on whether the Veteran can be separately rated for PTSD and his dementia.

The Veteran's initial disability rating for his right medial meniscus tear status post arthroscopic repair is being remanded due to an inadequate VA examination. The new examination must include testing for pain on active and passive motion, non-weightbearing range of motion, and estimation of additional loss of range of motion during flare-ups.

The Board has decided to remand the case due to insufficient medical opinions and need for additional examination.

The Court of Appeals for Veterans Claims (Court) found that the Regional Office's (RO) discontinuation of total disability based on individual unemployability in the September 1982 rating decision was not based on the record and the law then existing. The RO discontinued the Veteran’s compensation for total disability based on individual unemployability, but the Court ruled this decision contained clear and unmistakable error (CUE). As a result, the Board ordered the reinstatement of the Veteran's TDIU rating with an effective date of December 1, 1982.

The Veteran's disability rating was increased to 60 percent, qualifying him for additional dependency compensation. The decision grants payment of additional dependency compensation for G.S., the Veteran's child who is pursuing a full-time course of study.

The Board has decided that the Veteran's convulsive tic disorder warrants a 10 percent rating, but has remanded for further development to determine if a higher rating is warranted.

The Board denied the Veteran's claim for service connection for a respiratory disorder, finding no link between his current diagnosis and active service.

The Veteran's spouse requires regular aid and assistance to perform activities of daily living due to significant vision impairment, which is considered a need for aid and attendance. The Board has granted special monthly compensation (SMC) based on the need for aid and attendance.

The Board found that the Appellant's discharge from active service was due to willful and persistent misconduct, resulting in a regulatory bar to VA benefits.

The Board has determined that the Veteran's cause of death, respiratory failure due to pneumonia, was at least as likely as not caused by his exposure to Agent Orange during service. Therefore, service connection for the cause of the Veteran’s death is 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 August 2019 substantive appeal. The parties are also asked to provide updated information regarding their monthly income and expenses as well as any records of child support payments made by the Veteran.

The Board has determined that the appellant is legally married to the Veteran until his death in December 2012 and has not remarried. Therefore, she qualifies as the surviving spouse for VA death benefits.

The Board has determined that the Veteran's squamous cell cancer of the left tonsil and tongue with left modified radical neck dissection and tonsillectomy is at least as likely as not associated with herbicide exposure, specifically Agent Orange. As such, service connection for these conditions is granted.

The Board has remanded the case due to incomplete medical records and for further development regarding service connection for cause of death and SMC for accrued benefits purposes. The appellant is seeking service connection for the Veteran's death, which may be related to his service-connected disabilities, and a higher level of Special Monthly Compensation (SMC) for their helpless child.

The Board denied compensation for loss of vision due to left eye cataract surgery conducted by a private medical provider, finding that the event was not reasonably foreseeable and thus did not meet the criteria for VA negligence under 38 U.S.C. § 1151.

The Veteran's service-connected Other Specified Trauma and Stressor Disorder is currently rated at 30 percent. The Board has determined that a new examination is needed to assess the severity of his condition, as well as his ability to function in an occupational environment due to his disability.