Other conditions decisions — 2020

The Board has granted service connection for a left testicle disorder, finding that the Veteran's current condition is related to his exposure to herbicides during service.

The Board has remanded the claim for service connection for a back disability, as the previous denial was based on lack of evidence linking the current condition to service. The Veteran needs to provide VA with his medical records and undergo an examination to determine if his current back issues are related to his military service.

The Board has determined that remand is necessary for several issues related to the Veteran's lower back strain, left knee condition, bilateral foot condition, and service connection claims. The decision also includes a remand for the total disability rating based on individual unemployability claim.

The Veteran's left hip rating has been restored to 20 percent, effective February 16, 2010. The reduction from 20% to 10% was upheld as there is no actual improvement in the Veteran’s disability level.

The Board found that the rate of nonservice-connected pension benefits was correctly calculated from January 1, 2014, to June 1, 2017. The claim for an increased rate pension is denied.

The Board has decided to remand the case due to unclear medical opinions and missing VA records. The Veteran's left eye disorder may have resulted from his October 2011 surgery, but it is not clear if this was a foreseeable outcome or caused by negligence.

The overpayment of education benefits under Chapter 30 (MGIB) in the calculated amount of $15,876.37 was validly created due to the Veteran's failure to maintain satisfactory attendance at a beauty school.,The overpayment of education benefits under Chapter 33 (Post-9/11 GI Bill) in the calculated amount of $3,019.42 was also validly created because the Veteran withdrew from his program without meeting the required conditions for such withdrawal.

The Board has determined that additional development is needed to determine if the Veteran was exposed to radiation during service, which could potentially qualify him for service connection for basal cell carcinoma. The case will be remanded for this purpose.

The Board has decided to remand this case for further evidentiary development, specifically obtaining the Veteran's VA Vocational Rehabilitation and Education (VR&E) records. The attorney requested a 60-day stay prior to certification of the appeal to the Board but this request is moot as jurisdiction was transferred from the AOJ to the Board.

The Veteran's cause of death, cardiac arrhythmia due to hypertrophic cardiomyopathy, is not related to his service or a service-connected disorder.

The Board has remanded the issues of service connection for a peripheral nerve condition and increased rating for limitation of flexion of the right forearm due to inadequate examination reports and failure to consider flare-ups.

The Veteran's initial rating for his service-connected right calf muscle disability is being remanded due to the need for a new VA examination.

The Veteran's left eye complications are due to VA surgery, and the Board has ordered a remand for further evaluation of whether these complications were reasonably foreseeable.

The Veteran's estate was deemed to be sufficient for his maintenance, thus he did not meet the net worth requirements for NSC pension.

The Board has granted a rating of 30 percent for the Veteran's cold injury residuals of both feet, effective from the date of claim.

The Board denied entitlement to service connection for the cause of the Veteran's death because the Appellant does not qualify as a 'child' of the Veteran for VA purposes.

The Veteran withdrew his appeal regarding the claim of service connection for bilateral hearing loss, and the Board dismissed the case as a result.

The VA denied the appellant's claims for VA burial benefits and accrued benefits due to lack of evidence showing entitlement or pending claims at the time of her father's death.

The Veteran's claims for effective dates prior to February 1, 2016, and July 1, 2016, for the award of additional compensation for his dependent son and spouse were denied as VA did not receive the completed VA Form 21-686c from the Veteran until January 31, 2016, and June 22, 2016, respectively.

The Veteran's claim for service connection for polycythemia vera is reopened due to the submission of new evidence. The case is remanded for further action including verification of service within 12 nautical miles of Vietnam and a VA examination.