Other conditions decisions — 2020

The Veteran's appeal is dismissed without prejudice due to the death of the appellant, and no jurisdiction remains for the Board to adjudicate the merits of the case.

The Veteran's claim for recognition of R.M.R. as his 'helpless child' due to permanent incapacity for self-support prior to age 18 is being remanded because the VA has not obtained all necessary records and the Veteran provided new information about where these records might be located.

The Veteran's death was caused by a hematoma that developed after a blood draw at the VA medical facility, and this event was not reasonably foreseeable. The Board found that the criteria for service connection under 38 U.S.C. § 1151 were met.

The Board has remanded the case for further development to address service connection for a heart disability other than ischemic heart disease and mitral valve prolapse. The Veteran's current diagnoses of atrial fibrillation and mitral valve prolapse are being evaluated, with an emphasis on determining whether these conditions are related to his military service.

The Veteran's left radial nerve palsy is denied as it was not caused by VA care or treatment, and the Board finds no fault on the part of VA.

The Veteran's adult daughter is seeking compensation for DEA benefits under Chapter 35 prior to June 3, 2014. The Board denied this claim as the appellant did not file her application within one year of the initial rating decision granting a total and permanent disability from a service-connected condition.

The Board has determined that the issue of entitlement to an increased apportionment of the Veteran’s VA compensation benefits to the appellant, on behalf of their children J.M. and S.M., is not ripe for appellate review due to procedural issues. The matter is being remanded to ensure full compliance with contested claims procedures.

The appeal was dismissed due to the appellant's death, and no service connection issues were decided.

The Board has remanded the Veteran's claims for higher initial ratings for his service-connected right hip disability due to inadequate examination and failure to conduct proper testing.

The Board found that the overpayment of additional VA compensation benefits for a dependent spouse was properly created due to the Veteran's failure to notify the AOJ in a prompt fashion of his change in marital status, resulting in an overpayment. The appeal is denied.

The Veteran's ulcerative colitis is rated at a 60 percent disability rating, effective from the date of this decision.

The Board has granted service connection for a tremor as secondary to medications prescribed for the Veteran's service-connected asthma.

The Board denied the Veteran's claim for service connection for pericarditis, finding that there was no evidence to show a current disability existed in service or that it began during service. The Board also found that there was no evidence of aggravation by any service-connected disabilities.

The Board has remanded the cases due to errors in their previous decisions and a need for additional development, including a VA examination.

The Veteran's death was not due to a service-connected disability and/or otherwise attributable to his military service, leading to the denial of DIC for the cause of the Veteran’s death under 38 U.S.C. § 1151 and accrued benefits for gastrointestinal cancer.

The Veteran's adult daughter, M.L.B., is seeking recognition as his 'helpless child' due to her permanent incapacity for self-support prior to reaching age 18. The Board finds insufficient evidence in the file and orders a remand to obtain additional records.

The Veteran's claim for service connection for residuals from a facial injury is denied as the evidence does not support an in-service injury or nexus.

The Veteran's left calf superficial peroneal nerve injury is granted a 10 percent rating prior to January 21, 2019 and denied any higher ratings. The Board found the symptoms most closely approximated moderate incomplete paralysis.

The Veteran's right hand disability, including a fractured fifth metacarpal and nerve tunnel syndrome, is rated at 10% prior to April 11, 2016, and denied for increased ratings since that date.,Service connection for the left hand disability remains pending due to remand requirements.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent prior to June 19, 2009, and in excess of 20 percent thereafter for costochondritis. The TDIU claim is also remanded due to its interdependence with the other issues.