Other conditions decisions — 2020

The Veteran's claim for a TDIU is being remanded due to insufficient documentation about his occupational and educational history. The AOJ needs to obtain the Veteran's completed VA Form 21-8940 and any other relevant evidence.

The Board has remanded two issues: whether the termination of payment due to fugitive felon status was proper and whether an overpayment should be created. The decision is not about service connection.

The Board determined that the appellant's entire period of service from April 12, 1966 to May 11, 1973 was dishonorable due to AWOL for more than 180 days. As a result, his character of discharge bars him from receiving VA benefits.

The Board has remanded the claim of service connection for a throat disorder due to the need for further examination and development.

The Board has remanded the case due to incomplete development of evidence regarding the Veteran's exposure to Agent Orange, burning jet fuel, and radiation. The VA will obtain an estimate of radiation exposures for multi-channel transmitter operator maintenance technicians and provide access to the electronic claims file to a VA examiner to provide addendum opinions on the etiology of the Veteran's follicular adenoma with nodular goiter.

The Veteran's service-connected left and right Achilles tendonitis have been rated at 10 percent each since August 24, 2007.,There is no evidence showing that the Veteran’s Achilles tendonitis has warranted a higher rating under any applicable Diagnostic Codes.

The Veteran's claim for additional Chapter 33 educational assistance benefits greater than 5 months and 15 days as of December 15, 2011 is denied due to the limitation on total educational benefits.

The Board has granted service connection for chronic myeloid leukemia, finding that the Veteran's exposure to toxic smoke during his Gulf War service is related to his condition.

The Veteran's appeal for Total Disability Rating due to Individual Unemployability (TDIU) was denied. The case is dismissed as the appellant died during the pendency of the appeal.

The Board has decided to remand the case due to insufficient information regarding the cause of the Veteran's death, specifically whether liver cancer was a contributory cause. The VA will need to obtain additional medical records and provide an updated opinion on these issues.

The Board has granted service connection for AML and the cause of death due to AML, finding that the Veteran's exposure to herbicide agents in Vietnam is presumed. The Veteran was not rated at 100% disabled prior to his death.

The Veteran's cause of death, liver failure secondary to lymphoma, is granted as service-connected due to presumed exposure to herbicide agents during service.

The Veteran's claim for an increased rating for neuritis of the left supra-orbital nerve was denied. The Board also found that a separate rating for a neurological impairment of the left arm is not warranted.

The Board has decided to remand the case due to the need for additional development and review of records, including private medical records from B.M.C. Hospital.

The Board has ordered the AOJ to address whether death pension benefits are warranted from February 1, 2009, through the present. The AOJ should consider any records in the income verification match file and issue a supplemental statement of the case if necessary.

The Veteran's claim for service connection for a respiratory disorder is granted, and the appeal is remanded to determine if secondary service connection can be established.

The Board has remanded the case for further action, including adjudicating the Veteran's informal request for a TDIU and considering all pertinent evidence since the last decision.

The Board has remanded the case due to non-compliance with previous remand directives regarding a map from U-Tapao Royal Thai Air Force Base in 1968 and 1969 that contains a scale of distance.

The Veteran's invasive breast cancer is determined to have been caused by the VA provider's failure to properly diagnose and treat her, including prescribing Prempro without additional imaging due to her history of abnormal mammograms and dense breasts. The Board finds that this constitutes an error in judgment on the part of the VA provider.

The Board has remanded the claims of service connection for Lyme disease and arthritis due to inadequate medical opinions in the April 2017 VA examination. The Veteran is seeking service connection for these conditions, which he believes are related to his active duty service.