Other conditions decisions — 2021

The Veteran's claim for service connection for a urinary disorder, including recurrent urinary tract infections, benign prostatic hypertrophy and prostatitis, was denied. The Board found that the evidence did not support a finding of direct service connection due to lack of onset in service or causation by Agent Orange exposure. The Veteran's claim for SMC based on need for aid and attendance was also denied as he does not meet the criteria for regular aid and attendance needs.

The Veteran's representative requested withdrawal of the appeal for a waiver of overpayment, and the Board has dismissed the appeal.

The Veteran's claim for an earlier effective date for the grant of service connection for cold injury residuals of the right foot and left foot was denied as the award is based on a reopened claim after a final disallowance, which does not allow for an earlier effective date.

The Board has remanded the case due to non-compliance with prior remand directives and the need for further development, including verifying radiation and/or chlorine exposure during service.

The Veteran's cardiovascular disorder is presumed to be due to herbicide agent exposure during service, and his left eye disability is found to be secondary to his service-connected cardiovascular disorder. Both claims are granted.

The Veteran's appeal for higher amounts of non-service-connected pension benefits from December 1, 2016 was denied as her income did not exceed the applicable maximum annual pension rate.

The Board denied the Veteran's claim for service connection for his cause of death and denied entitlement to DIC under 38 U.S.C. § 1318, finding that there was no evidence linking the Veteran's squamous cell carcinoma to his military service.

The Veteran's initial rating requests for left and right foot disabilities have been denied as his conditions do not warrant a higher rating based on the current evidence of record.

The Board has remanded the case due to issues related to service connection for the cause of the Veteran's death, and a need to provide the appellant's representative with a copy of the most recent Supplemental Statement of the Case (SSOC).

The Veteran's claim for a compensable rating for post-operative left hydrocele with bilateral varicocele was denied.,The Veteran's claim for an earlier effective date for the grant of service connection for bilateral varicocele was denied. The earliest date that it is factually ascertainable that the Veteran had a bilateral varicocele disability related to his service-connected left inguinal hernia repair was October 20, 2010.,The Veteran's claim for an earlier effective date for SMC based on loss of use of a creative organ was denied. The earliest date entitlement arose is October 20, 2010.

The appeal for nonservice-connected burial benefits is dismissed due to the death of the appellant and lack of a valid substitute claimant.

The appeal is remanded due to the need for additional evidence regarding whether the appellant has a form or manifestation of spina bifida other than spina bifida occulta.

The Veteran's appeal is remanded due to a pre-decisional duty to assist error. The AOJ needs to obtain an adequate medical opinion regarding the nature and etiology of his myelodysplastic syndrome with refractory anemia, including whether it is related to his service exposure to herbicide agents.

The Board has found a procedural error in the discontinuance of TDIU and orders that the claim be remanded for further action to verify the Veteran's work record and earnings history.

The Veteran withdrew their appeal regarding the entitlement to a Total Disability Rating Independent of Service Connection (TDIU). The Board dismissed the appeal as a result.

The Board granted a waiver of the recovery of an overpayment of VA pension benefits in the amount of $5,249 due to financial hardship and against equity and good conscience.

The Veteran's appeal regarding their competency to handle disbursement of VA funds has been dismissed as moot because the AOJ restored their competency in a September 2020 rating decision.

The Veteran's claims for service connection for thoracic outlet syndrome, left and right upper extremities are remanded due to a pre-decisional duty to assist error. A VA examination is needed to determine the etiology of the condition.

The Veteran's service-connected Restless Leg Syndrome is granted an initial rating of 10 percent, effective from the date of the decision.

The Board has decided to remand the case due to an inadequate opinion regarding whether the left hand disability was aggravated by the service-connected left hand scar. The Veteran's claim for service connection will be reconsidered with a new medical opinion.