Other conditions decisions — 2020

The Board has restored the 40 percent disability rating for chronic back strain effective November 15, 2016. However, the reduction in rating was not warranted because it was based on an inadequate VA examination. The Veteran's claim of entitlement to a disability rating in excess of 40 percent for his service-connected chronic back strain is remanded.

The Veteran's application for additional benefit for dependent spouse was submitted on October 18, 2018. The effective date of the award is set at October 18, 2018 because no claim or intent to file a claim prior to this date has been recorded in writing.

The Board has not determined the proper appellant(s) for the appeal period stemming from the current appellant’s claim for service connection for the cause of the Veteran’s death as custodian of her minor children. The case is being remanded to address this issue.

The Board has decided to remand the case due to incomplete compliance with previous remands, and an additional examination is needed to determine if the Veteran's hernia disability is related to service.

The Board has reopened the Veteran's claim for service connection for a respiratory or lung disorder due to new and material evidence. The case is remanded for further development, including obtaining VA medical records from 1997-2009 and providing an opinion on whether the Veteran's symptoms are related to service.

The Veteran's appeal was dismissed due to their death, and the case is no longer under jurisdiction.

The Board has determined that further development is needed to determine if the Veteran's service-connected bilateral lower extremity venous insufficiency caused her fall in July 2009 and whether the residuals from the fall can be clearly delineated from the symptoms of her service-connected condition.

The Board has decided that the appellant's claim for an increased monthly Survivor's pension benefit is remanded due to unclear income and medical expenses. The VA needs to verify her annual income and medical expenses from 2017 onwards.

The appeal for service connection for bilateral hearing loss is dismissed due to the death of the appellant.

The Board denied eligibility for education benefits under the Montgomery GI Bill (MGIB) because the appellant did not meet the required two years of continuous active duty service.

The Veteran's claims for service connection are remanded due to the need for further medical examination and opinion regarding the nature and etiology of his claimed conditions.

The Board denied the termination of VA additional compensation benefits due to removal of a spouse and the addition of a spouse, finding that the overpayment was valid.

The Veteran's appeal for Total Disability Rating by Reason of Individual Unemployability (TDIU) has been withdrawn. The Board dismissed the case as the Veteran requested withdrawal.

The Veteran's claim for special monthly pension based on the need for aid and attendance was granted in January 2018, but he filed a late appeal. The Board dismissed the case because it did not follow the proper procedures under the Appeals Modernization Act.

The Board granted the Appellant's request for waiver of an overpayment of nonservice-connected death pension benefits, finding that denying the waiver would be against equity and good conscience given her age and other circumstances.

The Board has granted an initial rating of 20 percent for the Veteran's service-connected scars, residuals of growth removal. The evidence shows four painful and stable scars that do not limit function or motion.

The Veteran's request for a waiver of an overpayment of VA compensation benefits was denied because the appeal was not timely filed.

The Board has decided to remand the case for further examination and analysis regarding the Veteran's thyroid condition, specifically whether it is related to exposure to Agent Orange or other vapors during service.

The Veteran was granted service connection for Crohn's colitis, which the Board found to have begun during his active duty service.

The Veteran's claim for an increased rating for his left middle finger disability was denied because he failed to report for a VA examination, and the claim is based on direct service connection.