Other conditions decisions — 2020

The Board denied the claim that the character of the Appellant's service discharge is not a bar to VA benefits, finding that his service was under other than honorable conditions due to willful and persistent misconduct. The appeal related to whether his service separation constituted a bar to VA compensation benefits.

The Veteran's claims for a rating of 100 percent for congestive heart failure with cardiomyopathy and service connection for a heart valve disability have been granted. The decision is subject to the laws and regulations governing the payment of monetary benefits.

The Board denied the Veteran's claim for benefits under 38 U.S.C. § 1151 because VA did not fail to timely diagnose or treat her breast cancer, and there was no evidence of negligence in providing treatment.

The Board has granted recognition of A.H., C.H., and P.H. as the Veteran's children for the purpose of additional dependency compensation based on their status as biological children.

The Board has remanded the case due to the need for a medical opinion regarding the nature and etiology of the Veteran's right elbow disability, which may be related to service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's PNH is secondary to his service-connected diabetes mellitus or aggravated by it, and also because no opinion was provided on the relationship between PNH and contaminated water exposure at Camp Lejeune.

The Board denied service connection for squamous cell cancer, finding that the evidence did not support a link to military service or herbicide exposure.

The Board has remanded the Veteran's claims for left foot condition, neurological condition, and heart condition due to potential new evidence and need for further examination.

The Board has denied the Veteran's claim for service connection for an aortic disorder to include bicuspid aortic valve, aneurysm, and deteriorating valve secondary to his service-connected sleep apnea. The preponderance of evidence shows that these conditions are not caused by or aggravated by his service-connected condition.

The Veteran's appeals for specially adapted housing and a special home adaptation grant have been dismissed due to his death.

The Veteran's claims for earlier effective dates and service connection were denied. The appeal concerning eligibility for a special housing adaptation grant was dismissed as moot.

The Board has decided that the case should be returned to the AOJ for review of new evidence, as requested by the appellant. The decision is not binding on other cases and does not establish VA policies or interpretations of general applicability.

The Veteran's essential tremors of the bilateral upper extremities, dizziness, memory loss and fatigue are all found to be related to his service-connected TBI.

The Board dismissed the Veteran's appeal as there is no longer a case or controversy before it, as the DMC has already found that the Veteran's marriage ended on January 6, 2015.

The Board denied the Veteran's claim for service connection for a neurological condition affecting her breasts, finding that she did not have any clinically diagnosed nerve disability. The Veteran was granted service connection for loss of sensation in her breasts due to breast reduction surgery, but the rating assigned is noncompensable.

The Board is remanding the case due to insufficient evidence regarding concurrent receipts of VA benefits and DOD disbursements during FY 2018, which could affect the creation and calculation of the overpayment debt. The Veteran's claim will be returned for further review.

The Board has remanded the case due to a duty-to-assist error and for further medical opinion regarding the nature and etiology of the Veteran's lung disability.

The Board has granted service connection for cholangiocarcinoma, finding that the Veteran's exposure to Agent Orange during his active duty in Vietnam is causally related to his condition.

The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically the need for an audit of the Veteran's FY 2018 drill days and pay.

The Board has granted service connection for myelodysplastic syndrome (MDS) based on the Veteran's exposure to ionizing radiation and mercury during his military service as a dental technician.