Other conditions decisions — 2020

The Veteran's DIC benefits were denied because he was not in receipt of a 100% disability rating for at least 10 years prior to his death. The appeal regarding service connection for cause of death is remanded.

The Veteran's lung disability, characterized by subpleural pulmonary nodules and effusions, has been rated as noncompensable due to his FEV-1 and DLCO results not meeting the criteria for a compensable rating.

The Board has denied the Veteran's claims for service connection for a gastrointestinal disorder and a skin condition, including dermatitis. The case is being remanded to obtain an opinion regarding the relationship between any current skin conditions and herbicide exposure.

The Board has remanded the case due to a failure to follow specialized contested claim procedures, specifically notifying both parties of the Veteran's December 2019 hearing and their right to present testimony and argument. The appellant must be provided with notice and an opportunity to respond or request her own hearing.

The Board has remanded the case to determine if the USS Sterlet, where the Veteran served during his active duty, was within the 12 nautical mile territorial sea of Vietnam. If so, the appellant may be granted presumptive service connection for multiple myeloma due to Agent Orange exposure.

The Board has granted service connection for ulcerative colitis, finding that the Veteran's symptoms began during his active service and have continued since then.

The Veteran's overpayment of VA benefits is being remanded due to the need for clarification on his drill pay days during FY 2016.

The VA correctly adjusted the Veteran's pension benefits from August 1, 2015 to February 1, 2016 due to an increase in his in-home care expenses and including his spouse's income and medical expenses. The appeal is denied.

The Board dismissed the appeal due to the appellant's death during the pendency of the appeal.

The Board has decided to remand the case due to insufficient medical evidence regarding whether the Veteran's testicular disability is related to his military service, specifically testicular torsion surgery. The Veteran needs a VA examination to determine if his current testicular disability is at least as likely as not caused by or related to his in-service injury.

The Veteran's claim for service connection for obesity is denied because obesity itself cannot be service-connected on a direct basis, and there is no evidence that it acts as an intermediate step between any of his service-connected disabilities.

The Veteran withdrew his appeal for a higher rating for follicular lymphoma, and the Board dismissed it.

The Veteran's petition to reopen the claim of service connection for residuals from mandible surgery is granted. The Board has remanded the issue of entitlement to service connection for residuals from mandible surgery due to a need for additional medical opinion.

The Veteran's appeal for a TDIU was dismissed due to his death, and no determination has been made by the RO as to whether the appellant is an appropriate substitute in this case.

The Veteran's gastrointestinal disability was rated as 30 percent disabling from May 29, 2013 to September 27, 2018 and increased to 40 percent disabling from September 28, 2018. The appeal is denied for both periods.

The Board found the overpayment of $20,315.16 was properly created due to the Veteran's failure to update his dependents' status and remanded for further action regarding a waiver.

The Board has decided that the Veteran's claim for service connection for residuals of a head injury should be remanded due to insufficient examination findings and lack of consideration of relevant medical evidence.

The Veteran's left knee condition with post-surgical subluxation and instability is granted a 10% rating from November 15, 2010 through June 18, 2013.

The Board denied the Veteran's claims for service connection for lower intestinal lymphoma and special monthly compensation based on aid and attendance due to insufficient evidence linking these conditions to his military service.

The Board has remanded the case for further development, including a dose estimate and a retrospective opinion regarding whether the Veteran's cause of death was related to his service exposure to ionizing radiation. The claim will be reconsidered based on this additional information.