Other conditions decisions — 2020

The Board has decided that additional development is necessary for the Veteran's claims of compensation under 38 U.S.C. § 1151 and TDIU, as there may be outstanding non-VA treatment records.

The Board has denied the Veteran's claim for service connection for a neck condition claimed as an impinged nerve, to include as secondary to his service-connected degenerative disc disease of the lumbar spine. The preponderance of evidence does not support a finding that the current neck condition is proximately due to or aggravated by his service-connected DDD of the lumbar spine.

The Board has determined that the reduction of the Veteran's vasovagal syncope with bradycardia and pacemaker rating from 100 percent to 10 percent was proper due to clear and unmistakable error (CUE) in the original July 2017 rating decision.

The Board has determined that the Veteran's current left pinky finger disorder, diagnosed as swan neck deformity of the left small finger, is related to his active service and grants entitlement to service connection.

The Board has remanded the case due to a lack of an adequate medical opinion regarding whether the Veteran's pancreatic cancer is related to his presumed exposure to herbicide agents in service.

The Board denied service connection for arthritis because there was no competent evidence linking the Veteran's current arthritis to her military service.

The Board has remanded the case due to new statutory changes regarding herbicide agent exposure, and a VA medical opinion is needed to determine if the Veteran's cause of death was related to his in-service exposure to herbicide agents.

The Board has remanded the case due to issues regarding standing and eligibility of substitute claimants for the Veteran's children.

The Veteran's claim for a higher evaluation prior to April 17, 2013 was denied as his interincisal range of motion remained within the 21 to 29 millimeters range and he could consume soft foods.,A 40 percent rating was granted effective April 17, 2013 due to limited interincisal motion between 11 and 20 millimeters and dietary restrictions to soft and semi-soft foods. The Veteran's condition warranted this evaluation as of that date.,The claim for a higher evaluation since April 17, 2013 was denied as his interincisal range of motion did not reach the level where it would warrant an evaluation in excess of 40 percent.

The Veteran's claim for service connection for right tonsil cancer due to exposure to Agent Orange is reopened, but the underlying claim of entitlement to service connection remains remanded as further medical guidance is needed.

The Veteran's initial claim for a higher rating for his left orbital fracture residuals, status post repair is being remanded due to incomplete records and the need for further examination.

The Board has granted service connection for right hip arthritis and left hip arthritis, but has remanded the issues of service connection for an acquired psychiatric disorder (including PTSD) and erectile dysfunction.

The appeal for non-service connected pension benefits is dismissed due to the appellant's death.

The Veteran's appeal for a TDIU rating is remanded due to the need for additional evidentiary development, including scheduling a hearing before a Decision Review Officer (DRO).

The Board denied the appellant's request for an extension of her delimiting date for education benefits under Chapter 35 (DEA) as it was not timely filed, and good cause has not been shown.

The Board denied the Veteran's claim for service connection of a respiratory disability, finding that there is no competent evidence to provide a nexus between the claimed disability and service.

The Veteran's former spouse and mother of their child is contesting the amount of VA compensation benefits apportioned to her. The Board has determined that all procedural steps have not been completed, and thus the case is being remanded for further action.

The Board dismissed the appeal regarding the apportionment of the Veteran's VA disability compensation benefits as the appellant withdrew her appeal with full understanding.

The Board has decided that an evaluation in excess of 50 percent for panic disorder with agoraphobia is remanded due to the need for updated medical records and a VA examination.

The Veteran's appeal involves the rating for atherosclerotic cardiovascular disease and TDIU claims. The Board has remanded these issues due to need for additional evidence and examination.