Other conditions decisions — 2020

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further consideration.

The Board has remanded the cases for further adjudication, including determining which diagnostic codes apply and deciding service connection for multiple finger disorders of the left hand.

The Board denied the appellant's request for a waiver of an overpayment of Chapter 33 (Post 9/11 GI Bill) education benefits, finding that recovery would not be against equity and good conscience due to lack of fault on either party's part. The decision also noted that the appellant was unjustly enriched by the overpayment as he was not entitled to the education benefits he received.

The Veteran's hammer toe of the right foot great toe is rated at 10 percent, which is the maximum allowed. The Veteran does not meet criteria for a higher rating.,The Veteran’s furunculitis of groin (penile lesions) is rated as non-compensable due to infrequent and intermittent treatment with over-the-counter medication.

The Board has remanded the Veteran's claim for a new VA examination and etiology opinion to determine if his bilateral hip and thigh disabilities are related to service or any service-connected conditions.

The Veteran's death was not due to a service-connected condition, and the Board has decided to remand for further evaluation of whether his service-connected conditions contributed to his cause of death.

The Board has decided to remand the case due to insufficient information from previous examinations, and a new examination is needed to properly assess the Veteran's pulmonary disorders.

The Veteran's marriage to the appellant did not meet the requirements for VA death benefits as it was not established before the expiration of 15 years after the termination of the Veteran’s period of service, lasted less than a year, and had no child. The Board found that common law marriages are not recognized in Ohio or West Virginia.

The Board has determined that the Veteran does not currently have a bilateral hip disorder or any pain or other symptoms of either hip causing functional impairment of earning capacity, and thus service connection for a bilateral hip disorder is denied.

The Veteran's achalasia, pulmonary fibrosis, and gastric jejunum bypass are all granted as secondary to his service-connected end stage achalasia requiring esophagectomy.,For the entire period on appeal, the Veteran is granted a TDIU due to his service-connected end stage achalasia requiring esophagectomy.

The Veteran withdrew his appeal regarding the issue of entitlement to an effective date prior to July 29, 2016 for additional dependency benefits.

The Board has remanded the Veteran's claims of service connection for a left pinky finger disability and a hiatal hernia due to outstanding VA treatment records and the need for VA examinations.

The Board has remanded the case for further development regarding the Veteran's claim for a total disability rating based on individual unemployability (TDIU). The AOJ is to refer the matter to the Director, Compensation Service for consideration of an extraschedular TDIU.

The Veteran's death was not due to a service-connected condition, and therefore his cause of death is not eligible for VA compensation. The burial benefits claim also failed as the Veteran did not have any pending claims at the time of his death.

The Board denied the Veteran's claim for service connection for a left hip disorder, finding that his current condition is not related to military service and is instead secondary to Legg-Calves-Perthes disease.

The Board has granted service connection for primary biliary cholangitis (PBC) associated with herbicide exposure, finding that the Veteran's PBC is attributable to Agent Orange exposure during his military service.

The Board has decided that attorney fees should be granted based on past due benefits, but the procedures for notifying all parties have not been fully followed. The case is being remanded to ensure compliance with these procedures.

The Veteran's daughter, the appellant, is not considered a 'child' for purposes of accrued benefits and did not incur any expenses related to her father's last sickness or burial. Therefore, the claim for accrued benefits is denied.

The Board has granted an effective date of July 24, 2014 for the grant of service connection for Barrett’s esophagus and esophagitis. The Veteran submitted a VA Form 10-5345 on this date in response to his prior denial of service connection.

The Board has decided that the Veteran's cardiac condition, including any secondary to a service-connected disability, should be remanded for further development and clarification of the relationship between his early repolarization syndrome during service and his current atrial fibrillation.