Other conditions decisions — 2020

The Board found that the removal of D.E.H. from the Veteran's compensation award, effective February 1, 2000, was proper and resulted in an overpayment debt.

The Veteran's appeal is remanded due to incomplete records preventing the Board from determining the pre-tax and post-tax amounts of his military severance pay, as well as the exact amount of deductions executed from his VA benefits. The Veteran will be provided with a table detailing these calculations.

The Board dismissed the appeal as the Veteran's request for a waiver of recovery of an overpayment of VA compensation benefits was made timely and waived by the AOJ.

The Veteran's cause of death was esophageal cancer, but the Board found no evidence to support service connection for this condition. The esophageal cancer is not listed as a presumptive disease associated with herbicide exposure in Vietnam.

The Board denied the Veteran's claim for service connection for a dental injury to his face and mouth, finding that there is no current diagnosis or treatment related to this condition.

The Veteran's appeal for a higher disability rating for service-connected costochondritis, from April 4, 2015, has been dismissed as the issue was previously adjudicated by the Board in September 2019 and is now final.

The Board has granted the Veteran's request for a waiver of overpayment debt, finding that his application was timely filed due to VA's failure to provide proper notice regarding the time limit to file a waiver. The appeal is remanded for an audit of the overpayment amount and for the COWC to adjudicate the issue on its merits.

The Board dismissed the issue as the Veteran's spouse, E., was restored to his VA disability compensation award.

The Board has remanded the case due to additional development being necessary, including a new VA examination for the service-connected hernia disability.

The Veteran's service-connected right lower extremity weakness results in loss of use of a foot, which qualifies him for an automobile allowance.

The Board has remanded the Veteran's service connection claim for a left middle finger disability due to insufficient information regarding whether any increase in severity during service was due to natural progression of the pre-service disability.

The Board has remanded the case due to incomplete information and need for additional medical opinions regarding the Veteran's cardiac condition, including LVH and PACs.

The Veteran's claim for an increased rating of his service-connected painful snapping iliopsoas tendon is being remanded due to the inadequacy of a previous VA examination. The Veteran needs a new examination to assess the severity and functional impact of his condition.

The Board dismissed the appeals for service connection of non-Hodgkin’s lymphoma, penile cancer, and pulmonary fibrosis due to the appellant's death.

The Veteran's increased rating claim for her service-connected lateral femoral cutaneous nerve (anterior crural (femoral) nerve), right lower extremity with hip pain is remanded due to a material change in symptoms and the need for a new examination.

The Board has remanded the claim for service connection for disorders of the bilateral eyes, including as a result of herbicide agent exposure. The Veteran was previously afforded a VA examination but no opinion was provided regarding the etiology of his eye conditions. The case is being returned to obtain an addendum opinion from an appropriate examiner.

The Board denied service connection for meningioma (claimed as pituitary tumor) due to lack of a causal relationship between the Veteran's military service and his current diagnosis, despite previous exposure claims. The claim was not granted based on Agent Orange or ionized radiation exposure.

The Board denied the Veteran's claim for service connection for cellulitis of the left leg, finding that there was no evidence to support a nexus between his current disability and his military service.

The Board denied a compensable evaluation for the Veteran's postoperative fibroadenoma of the right breast and papilloma of the left breast, finding that there was no evidence of significant alteration in size or form.

The Veteran's spouse is denied additional educational assistance benefits under DEA as she has already used her maximum entitlement of 48 months.