Other conditions decisions — 2021

Your appeal has been dismissed because you withdrew your claims for service connection for arthritis of the left and right hands.

The Board denied the claim for service connection for cause of death due to exposure to herbicide agents because no new and material evidence was submitted, and the Veteran's gastric cancer was not related to active service or exposure to herbicides.

The Veteran's claim for service connection for colon cancer, claimed as secondary to ionizing radiation exposure during service, is denied because the condition did not manifest within one year of discharge and there is no evidence linking it to service or radiation exposure.

The Veteran's diaphragm paralysis and nerve damage due to surgery are being remanded for further evaluation, including a new VA examination. The issue of entitlement to TDIU prior to December 20, 2019 is also being remanded as it is inextricably intertwined with the rating assigned for his disability.

The Veteran's appeal for a higher rating for his right subtalar arthrosis and tarsal tunnel syndrome was denied as the current 20 percent rating adequately compensates for his disability.

The Veteran's aortic valve replacement surgery in February 2013 was performed improperly, leading to the need for a second corrective surgery. The Board finds that this carelessness and error of judgment by VA caused additional disability.

The Veteran's appeal is remanded for consideration of an extraschedular TDIU due to his left arm condition prior to April 6, 2015.

The Veteran's service-connected disabilities rendered him unemployable prior to March 4, 2005. The Board granted TDIU for this period.

The Board has remanded the Veteran's claims for service connection for residuals of nasopharyngeal cancer and cerebrovascular accident (CVA) due to herbicide agent exposure. The VA is required to obtain an addendum opinion from a physician regarding the etiology of these conditions, specifically addressing whether they are related to in-service herbicide agent exposure.

The Board has granted compensation under 38 U.S.C. § 1151 for soft tissue disorder residuals of pain, stiffness, fibrotic area and limited motion of the left hip girdle, fibrotic areas and enlargement of the left thigh, which is considered an unforeseen result of a VA morphine injection.

The Board found that the Appellant's August 2007 Notice of Disagreement (NOD) did not constitute a notice of disagreement with respect to her claim for death pension benefits, but rather was a notice of disagreement regarding her status as a surviving spouse. The Board determined that this NOD initiated an appeal on the issue of her status as a surviving spouse and not on the underlying claim of entitlement to death pension benefits.

The Board has decided to remand the case due to inadequate examination and needs a new opinion on whether the Veteran's prostate disorder is related to in-service herbicide exposure.

The Board has granted an effective date of June 8, 2016 for the award of nonservice-connected pension based on clear evidence that the Veteran filed an Intent to File a claim for pension in June 2016, which was miscoded as a compensation claim. The presumption of regularity is rebutted by clear evidence indicating irregularities in VA's handling of the correspondence.

The Board has denied the Veteran's claim for service connection for a left leg disorder, including Charcot Marie Tooth disease, finding that her pre-existing condition did not worsen during service and was not caused by or aggravated by any service-connected disability.

The Board denied the Veteran's claim for service connection for residuals of a superficial parotidectomy with 7th nerve dissection, claimed as mass on right side of face, finding that there is no evidence to support a link between his current condition and his military service.

The Veteran's claims for increased rating, service connection, and TDIU have been remanded due to the need for additional examinations and medical opinions.

The Board has decided to remand the Veteran's claim of service connection for a prostate disability, as it is insufficiently resolved and requires additional development.

The Board has granted the appeal, finding that the overpayment of VA pension benefits was not properly created due to sole administrative error and is therefore waived.

The overpayment of VA compensation benefits prior to December 1, 2013 was not properly created due to a retroactive reduction in the compensation rate. The overpayment of VA compensation benefits after December 1, 2013 was not properly created due to the reduction in the compensation rate. Both appeals are granted.

The Board has granted service connection for a skin condition, finding that the Veteran's current diagnosis of fungal skin rash had its onset in service and is related to his active duty service in Vietnam where he was exposed to Agent Orange.