Other conditions decisions — 2020

The Board has remanded the case due to a need for additional medical opinion regarding the etiology of the Veteran's chronic strep throat.

The Board dismissed the appeal as the appellant withdrew it through his representative in April 2019.

The Board has decided to remand the case for additional development due to inadequate medical opinions regarding the Veteran's hip condition and its relation to VA treatment. The issues of compensation under 38 U.S.C. § 1151 and SMC based on aid and attendance/housebound are also being remanded.

The Board has denied service connection for bone spurs in both feet and vasectomy residuals, but granted service connection for vasectomy residuals.

The Board found that the Appellant's character of discharge from service was dishonorable due to willful and persistent misconduct, specifically multiple instances of being absent without leave (AWOL), which constitutes a bar to VA benefits. The appeal is not about service connection.

The Veteran's appeal for an initial rating in excess of 70 percent for a mood disorder with mixed features prior to November 23, 2015, and for an effective date prior to April 20, 1995, for the grant of TDIU remains pending. The Board has ordered remand due to missing psychiatric treatment records from earlier in the appeal period and unverified dates of incarceration.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further consideration.

The Veteran's myasthenia gravis was not shown in service or within one year of discharge, and it is not associated with his presumed exposure to herbicide agents. The Board denied the claim as there is no evidence linking the condition to military service.

The Veteran's current right hand signs and symptoms, including pain, limited motion, numbness, and skin problems are not related to his service-connected cellulitis and erysipelas. The Board finds that a compensable rating for the residuals of cellulitis and erysipelas is not warranted.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 due to new evidence being added to the record.

The Board dismissed the appeal because the Veteran died before a final decision could be made on whether new and material evidence had been received to reopen his claim for service connection for neurological impairment of the back.

The Board found that the Appellant's discharge under other than honorable conditions resulted from willful and persistent misconduct, which is a regulatory bar to VA benefits. The character of his service is therefore considered a bar to payment of VA benefits, except for healthcare under Chapter 17.

The Veteran's claim for an effective date prior to August 8, 2014, for the addition of his child as a dependent to his VA disability compensation is denied. The Board found that no evidence was submitted within one year of the child's birth (June 2009) to inform VA of her existence.

The Veteran's death did not result in any pending claims for accrued benefits, as there was no evidence of a claim being filed and pending at the time of his death.

The Board has remanded the case due to a previous remand directive regarding whether the overpayment was properly created, and if so, whether it should be waived. The Veteran's claim for waiver of recovery is still pending.

The Veteran's claim for an effective date prior to July 30, 2012 for a schedular total disability rating based on individual unemployability (TDIU) is denied. The Board notes that the TDIU award may be granted on an extraschedular basis under 38 C.F.R. § 4.16(b).

The Board has decided to remand the case due to the need for a VA examination and additional development of records. The Veteran's service connection claim for a skin disability, including as secondary to herbicide exposure, is now before the Board again.

The Veteran's treatment at the Memorial Hospital Jacksonville on February 7, 2018 was for a cold with nasal congestion. The Board found that VA facilities were feasibly available and an attempt to use them beforehand would have been considered reasonable by a prudent layperson.

The Board has decided to remand the case due to incomplete development of whether the Appellant had qualifying service, including active duty and training periods. The RO is directed to obtain VA treatment records from Lebanon, PA, verify his military service, and attempt to locate any available medical records related to his 1969 injury.

The appeal was dismissed due to the death of the appellant.