Other conditions decisions — 2020

The Veteran's appeal for a higher rating for his left ankle disability was denied. The Board found that the evidence did not support a compensable rating prior to December 20, 2016 and did not meet the criteria for a rating in excess of 10 percent beginning December 20, 2016.

The Veteran's brain tumor, which caused his death in July 2014, is considered to be related to his service exposure to Agent Orange. The Board has granted service connection for the cause of the Veteran’s death based on this evidence.

The Veteran's discharge from service was under a general discharge under honorable conditions due to a pattern of misconduct, which disqualifies him for Post-9/11 GI Bill educational assistance benefits.

The Board has remanded the case due to insufficient opinions regarding the Veteran's right hand disability and its relationship to service-connected conditions. The examiner is requested to provide an opinion on whether the Veteran’s right hand disability began during active service, or is related to an incident of service, as well as whether it was proximately due to or the result of his service-connected left ankle arthritis, lumbosacral degenerative disease, right hip arthroplasty, left foot pes planus and right lower extremity radiculopathy.

The Board has decided that the appellant's request for substitution of claimant upon death of decedent is pending and needs to be addressed. The decision on accrued benefits was denied due to lack of evidence showing payment of last illness or burial expenses.

The Board has remanded three issues related to service connection and ratings for varicose veins, shin splints of the right lower extremity, and shin splints of the left lower extremity. The Veteran's representative was not provided a copy of the September 2019 Supplemental Statement of the Case (SSOC).

The Board is remanding the case to determine if the Veteran met the criteria for medical reimbursement at a non-VA facility, as he died while admitted there with VA expense.

The Veteran received emergency medical treatment for rectal bleeding at Stillwater Medical Center on January 18, 2015. The condition was considered an emergency due to the severity of symptoms and the Veteran's concern about potential serious health issues. As a result, payment or reimbursement for this treatment is granted.

The Board has found the Appellant's claim for accrued VA improved death pension benefits is timely. The issue of eligibility for payment of these benefits is remanded.

The Board has remanded the claims for service connection for shaking of the hands and special monthly compensation due to incomplete information. The Veteran's hand shaking disorder may be related to chemical burns from service, but an addendum opinion is needed.

The Board has determined that additional development is needed to ensure due process and to order further development for the Veteran's claim of service connection for rhabdomyolysis.

The Board has remanded the case due to a recent court ruling that veterans who served in the 12 nautical mile territorial sea of the Republic of Vietnam are entitled to presumptive service connection if they meet other requirements. The Veteran's claim for multiple myeloma is remanded to determine whether he meets these new qualifications.

The Board has granted a waiver of the recovery of overpayment in the amount of $45,108.33 due to significant unjust enrichment and against equity and good conscience.

The Veteran's claims for service connection for lower back, bilateral eyes, and bilateral feet disabilities have been remanded due to the need for additional development. The claim for TDIU is also remanded as it is inextricably intertwined with these issues.

The Board has remanded the case due to procedural issues and a need for further medical examination regarding the Veteran's lung condition, which may be related to his service in Vietnam.

The Board has remanded the case due to non-compliance with prior instructions and issues related to obtaining VA treatment records.

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

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's vocal cord damage is related to his September 2, 2010 coronary artery bypass grafting at VA. The RO must obtain prior treatment records and forward the file for an adequate opinion on this issue.

The Board denied the claim for service connection for a neurological disability of the right lower and upper extremities as there is no evidence of such condition during or after service.

The Board dismissed the appellant's claim for an earlier effective date for the grant of service connection for the cause of the Veteran’s death because it is a freestanding claim not justiciable by law.