Other conditions decisions — 2020

The Board has decided that the Veteran's claims for an increased evaluation and TDIU are inextricably intertwined, necessitating additional development before a final decision can be made.

The Veteran's death while on active duty does not qualify the appellant as a surviving child for purposes of DIC, death pension, and accrued benefits due to her age at the time of filing.

The Board found that the appellant's appeal of the August 2013 rating decision denying service connection for the cause of the Veteran’s death was not timely filed, and thus denied the appeal.

The Board has decided that the Veteran's claims for increased evaluations and earlier effective dates related to his service-connected conditions should be remanded for further action.

The Board has remanded the claims for service connection for liver disability, digestive disability, and blood disability as secondary to liver disability due to potential herbicide exposure during active service. The Veteran's private provider noted a reasonable suspicion that his cirrhosis with liver failure may be related to herbicide agent exposure.

The Veteran's back strain disability is being remanded for further evaluation due to the lack of information regarding flare-ups and functional loss during those periods.

The Veteran withdrew his appeal for service connection of emphysema, and the Board dismissed the case.

The Veteran withdrew his claim for service connection of a skin disorder, and the appeal is dismissed.

The Board has remanded the case due to insufficient information regarding the USS Constellation's presence in Vietnam and incomplete medical records. The Veteran's cause of death is being reviewed for potential service connection based on herbicide exposure.

The Board has decided to remand the case due to the need for a medical opinion regarding the Veteran's mesothelioma of the right pleural cavity, which is claimed as related to asbestos exposure during service. The appellant was given an opportunity to submit additional evidence.

The Veteran's claim for retroactive additional dependent compensation for her children, T. L. and D. L., is denied as she did not formally request them until November 2014, which was after they were no longer eligible to be added as dependents. The Veteran's claim for an initial compensable disability rating for dry eye syndrome is remanded due to the need for a new VA examination.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for additional medical opinions. The issues include neurological disorders, including Moyamoya disease, and migraine headaches.

The Veteran's appeal is remanded for a VA psychiatric examination to assess the current severity of his service-connected pain disorder and its impact on his ability to work.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected constrictive lung disease contributed substantially or materially to his death from large-cell carcinoma. The VA is instructed to obtain private treatment records and provide an addendum medical opinion.

The Veteran's daughter is denied accrued benefits as her claim was not filed within a year of the Veteran's death and she does not meet the eligibility criteria for such benefits.

The Veteran's claim for a higher rating for his service-connected atrophy of right testicle was denied. The Board found that the evidence did not support a compensable evaluation under Diagnostic Code 7523 or any other diagnostic code to include 7804. The Veteran's incontinence, which he claimed was due to his service-connected atrophy of right testicle, was also remanded for further clarification on whether it is related to the service-connected condition.

The Veteran withdrew his appeal for an increased evaluation of 30 percent or more for histoplasmosis, so the claim is dismissed.

The Board has found that there was not substantial compliance with the remand directives to verify the Veteran’s alleged exposure to asbestos and toxic chemicals during service. The claim is being remanded for further development, including obtaining an addendum opinion from a VA physician regarding the relationship between the cause of death and in-service injury or disease.

The Veteran's claim for an effective date prior to May 7, 2015 for the award of special monthly pension (SMP) based on the need for aid and attendance was denied as his claim was received after October 1, 1984, and did not meet the criteria for a retroactive award due to permanent and total disability.

The Veteran's numbness of the mouth was not caused by VA negligence and was reasonably foreseeable. The Board denied compensation under 38 U.S.C. § 1151 for numbness of the mouth.