Other conditions decisions — 2020

The Board has remanded the case due to lack of substantial compliance with previous remand directives regarding the rating for degenerative joint disease of the right hip. The issues are inextricably intertwined and a TDIU is also being remanded.

The Veteran's claim for a rating greater than 60 percent for herpes progenitalis, to include on an extraschedular basis, was denied. The Board also remanded the issue of entitlement to Total Disability Rating Based Upon Individual Unemployability (TDIU).

The Board has remanded the case due to new evidence provided by the Veteran, including service treatment records that indicate a right big toe surgery during service. The claim will be adjudicated on a de novo basis and a VA examination is needed to determine the nature and etiology of the right big toe disability.

The Board has remanded the case due to incomplete development regarding the Veteran's exposure to ionizing radiation and service connection for multiple myeloma. The AOJ is instructed to obtain all relevant medical records, request any available records concerning the Veteran’s exposure to radiation, and ensure complete notice in accordance with 38 C.F.R. § 3.311.

The Board denied the claim for service connection for cause of death, finding that there was no competent and credible evidence to establish a link between a nonservice-connected acquired psychiatric disorder and the Veteran's death.

The Veteran's Crohn's disease is found to have been incurred during his service in the Southwest Asia theater of operations, and thus service connection is granted.

The Veteran's appeal is about whether he is entitled to a greater amount due to his eligibility for repayment under the CRDP or CRSC programs. The case has been remanded for further action regarding AEWs from July and August 2011.

The Board found that the appellant's income exceeded the maximum annual pension rate (MAPR) for a surviving spouse without dependents, leading to termination of her VA death pension benefits effective December 1, 2011.

The Board dismissed the appeal due to the appellant's death, as claims do not survive their deaths.

The Board has granted the Veteran's claim for service connection for myelodysplastic syndrome (MDS) due to exposure to ionizing radiation during his military service, finding that the evidence supports a link between the condition and the exposure.

The Veteran's claim for special monthly pension based on the need for aid and attendance prior to August 27, 2010 was denied because there is no evidence showing he needed regular aid and attendance before his stroke in 2010.,The Veteran's claim for non-service-connected disability pension benefits prior to January 1, 2010 was also denied as his income exceeded the maximum annual pension rate.

The Board found that the Veteran was not legally entitled to the overpayment of $8,151 and thus the debt was properly created. The Board also determined that recovery would be against equity and good conscience due to fault on the part of the Veteran and lack of undue hardship.

The Veteran's appeal is remanded for further consideration of his claims, including a TDIU claim. His fracture of the right forefinger remains rated at 10 percent and he does not meet the criteria for a higher rating or TDIU under VA regulations.

The Board has remanded the case due to insufficient evidence of the appellant's annual income and net worth since 2011, which is essential for substantiating her appeal for nonservice-connected death pension benefits. The appellant was not provided with necessary VA forms and must be assisted in providing a complete financial picture.

The Board has remanded the case due to a lack of VA examination and medical opinion regarding the appellant's spinal disorder. The case will be returned for further action.

The Board has remanded the case due to inadequate examination and the need for additional visual field testing. The Veteran's eye condition may have progressed to a more severe form, and there is uncertainty about whether he has characteristics of disfigurement.

The Veteran's request for a waiver of an overpayment was denied because it was not submitted within the 180-day period following the notification of indebtedness.

The Veteran's appeal was dismissed because he died before the Board could make a decision on his eligibility for financial assistance in purchasing an automobile or other conveyance and/or adaptive equipment.

The Veteran's appeal for special monthly compensation due to housebound status has been dismissed because the Veteran died during the pendency of his appeal.

The Veteran withdrew their appeal for service connection of muscular abdominal pain, so the case is dismissed.