Other conditions decisions — 2020

The Veteran's bladder and stomach disabilities are not service-connected, as the evidence does not support a causal relationship to her service-connected PTSD.

The Veteran's appeal of his claim for a rating in excess of 30 percent for diverticulitis, claimed as colitis, has been dismissed due to the Veteran's withdrawal of the appeal.

The Veteran's claims for service connection for residuals of tonsillar cancer of the left tonsil and residuals of squamous cell carcinoma of the left lymph node gland have been denied as there is no evidence that these conditions began during or were caused by his military service.

The Board denied the claim for surviving spouse benefits because the Appellant and Veteran were not in a valid common law marriage prior to the Veteran's death, as there was no evidence showing they publicly presented themselves as husband and wife.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's great left toe disability and its relationship to service, as well as whether it is aggravated by his service-connected right great toe onychauxis.

The Board denied service connection for a sleep disability, finding that the Veteran's condition did not originate in service or until years thereafter and was not otherwise etiologically related to service. The decision also noted that there is no positive association between exposure to herbicides and any other condition.

The Board denied DIC benefits based on the Appellant's claim of being a helpless child due to his inability to self-support prior to age 18, finding that there was no evidence showing he was permanently incapable of self-support by reason of any condition before reaching 18 years old.

The Board has determined that the Veteran was exposed to herbicide agents while stationed at Korat Air Force Base in Thailand, and therefore service connection for lymphoma is granted.

The Veteran's claims for service connection for dizziness, fatigue, tumor left side of face, and neck tumor are remanded due to inadequate development. The VA is instructed to provide new examinations and opinions addressing the nature and etiology of these conditions.

The Board has denied the Veteran's claim for service connection for peripheral vascular disease, finding that there is no evidence of a current disability related to service or herbicide exposure.

The Board has decided to remand the case for further development and an addendum medical opinion due to inaccuracies in the previous VA examination report. The Veteran's lay statements regarding his right elbow disability are also being considered.

The Veteran's claim for a higher disability rating for lumbar spine degenerative disc disease (DDD) is granted, effective from July 23, 2014. The claims of service connection for right and left knee disorders are reopened, but the issues of service connection for other conditions remain pending.

The Board has decided that a new examination and etiological opinion are needed for the Veteran's claims of right foot and left foot conditions, as previous examinations did not comply with the remand instructions.

The Board has remanded the case due to unclear opinions from a VA examiner regarding whether the Veteran's right foot arthritis is related to his service-connected right knee degenerative arthritis, and if so, whether it is secondary or aggravated by that condition.

The appeal was dismissed due to the appellant's death, and no service connection issues were decided.

The Veteran's vocal cord damage, hoarseness, polyp, and hyperfunctional dysphonia are being remanded for further review due to insufficient medical evidence regarding the cause of his condition.

The Board has decided that the Veteran's net worth and income are a bar to VA pension benefits, but needs more information on when assets were transferred into his trust. The case is being remanded for further development.

The Veteran's vascular calcifications in the thoracic aorta is remanded due to a duty to assist error. A VA examination is required to determine if these conditions are proximately due or aggravated by his service-connected coronary artery disease, diabetes mellitus type II and/or presumed exposure to herbicide agents.

The Board has found that there is a pre-decisional duty to assist error as the Veteran's gynecomastia was not examined or opined upon, and thus remands are required for further examination and opinion.

The Board has determined that the matter is not ripe for appellate review due to procedural issues. The decision on appeal was issued in February 2019 and constitutes an initial decision, so the modernized review system applies. The Veteran served on active duty from May 2007 to August 2007 and from April 2010 to May 2011. The issue is about apportionment of the Veteran’s VA pension benefits to the Appellant, on behalf of their minor child A.P. The Board has determined that remand is necessary due to procedural issues such as not receiving a copy of the decision and not meeting notice requirements for a contested claim.