Other conditions decisions — 2020

The appeal regarding Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 was dismissed as the appellant's representative withdrew her appeal.

The Veteran's appeal for payment or reimbursement of medical services received at LMC in Sevierville, Tennessee on September 12, 2012 has been dismissed due to the withdrawal by his authorized representative.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's respiratory disability, specifically whether it is related to service exposure to burn pits. The Veteran was exposed during deployments in Iraq and Afghanistan.

The Board has decided to remand the case due to inadequate VA examination and failure to assess functional loss during flare-ups. The Veteran's left wrist condition needs further evaluation.

The Board has remanded the case for a new VA eye examination to address the Veteran's contentions and any relevant medical evidence of record.

The Board found that the appellant's income exceeded the maximum annual pension rate for a surviving spouse with no dependents, including her SSA survivor benefits. As a result, the death pension benefits were terminated.

The Board has determined that the Veteran does not have a current diagnosis of a bilateral lower leg disability, and thus cannot establish service connection for this condition.

The Board has granted the Veteran's claim for service connection for a right elbow condition, claimed as epicondylitis, finding that it is related to his military service.

The Board has decided to remand the case due to a need for further review regarding whether the overpayment of compensation benefits in the amount of $7,869.87 was properly created.

The Board has decided to remand the case due to a lack of an opinion linking any diagnosed dental disability to service. A VA examination is needed to determine if there is loss of substance in the mandible, which could be related to a past injury during active duty training.

The Board denied the appellant's claim for VA home loan guaranty benefits as he did not meet the basic eligibility requirements due to his discharge prior to completing six years of service in the Army National Guard.

The Veteran's death was attributed to diffuse large cell B-lymphoma, which is a covered herbicide disease. The appellant did not file an accrued benefits claim within one year of the Veteran's death due to changes in legal criteria regarding service connection for certain diseases.

The Board has determined that the Veteran's current respiratory condition is at least as likely as not related to his service, including exposure to asbestos, chemical solvents, and second-hand smoke during active duty. As a result, the claim for service connection for a respiratory condition is granted.

The Board has granted the appellant's motion to have her case advanced on the docket and recognized J.G. as the Veteran’s dependent child for VA purposes.

The Board has remanded the case due to uncertainty about whether the Veteran was exposed to herbicides during service, and for a medical opinion regarding potential exposure to toxins. The appeal is not about service connection.

The Board has decided to remand the Veteran's claims for bilateral patellar tendonitis with DJD as they are seeking a higher disability rating, and additional evidence is needed due to the passage of time since their last examination.

The Veteran's death was caused by adenocarcinoma of the prostate, which is related to his in-service exposure to environmental toxins. The Board has granted service connection for the cause of the Veteran’s death.

The Veteran's initial rating for TMJ prior to October 15, 2019 was denied as it did not meet the criteria for a higher rating. From October 15, 2019, her rating of 40 percent is also denied.

The Board found that the overpayment of educational benefits was not properly created due to incorrect information provided by the school, and thus the debt is invalid.

The Veteran's service-connected status post L5 anterior wedge compression fracture has been rated at 20 percent, and the Board denied a higher rating as his range of motion is not limited to less than 30 degrees or ankylosis.