Other conditions decisions — 2021

The Board has found that there has not been substantial compliance with its prior remand directives and the claim is being returned for further development.

The Board has decided to remand the case due to inadequate examination reports and the need for a new opinion addressing the Veteran's lay statements regarding his right foot symptoms.

The Board has remanded the case due to concerns about the expertise of the VA examiner who provided a medical opinion related to the Veteran's service connection claim for periodontal disease and loss of teeth. The Veteran and his representative have been notified that they need to provide additional information.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35 of the Veterans' Benefits Act, as VA is unable to compensate her for school attendance prior to November 26, 2012.

The Board denied the Veteran's request for waiver of overpayment of VA compensation benefits, finding that recovery would not be against equity and good conscience due to the Veteran's fault in creating the overpayment.

The Board denied service connection for B-cell leukemia, but remanded the claims for trachea and respiratory disorders due to herbicide exposure.

The Veteran's claim for Chapter 32 educational assistance benefits was denied because he did not contribute to the VEAP program and his eligibility period had expired.

The Board dismissed the appeal for death pension benefits as the appellant died during the pendency of the appeal and has no jurisdiction to adjudicate the merits.

The Board has remanded the case due to a need for an updated VA medical opinion regarding whether the Veteran's exposure to burn pits in Iraq could have caused his cause of death.

The Veteran's maxilla fracture with bone graft and prosthetic bridge disability was initially rated at 40 percent prior to January 3, 2020. From that date, the rating was increased to 50 percent.

The Board has denied service connection for residuals of splenectomy and abdominal surgical scar status post splenectomy, finding that the underlying condition (hereditary spherocytosis) clearly and unmistakably existed prior to active service and was not aggravated by service.

The Board found that the appellant's discharge from service was dishonorable due to a prolonged period of absence without official leave (AWOL), and thus his character of discharge is a bar to VA benefits.

The Board found that the Veteran was entitled to military drill pay for FY 2015 and therefore denied the overpayment of VA disability compensation.

The Board has remanded the case due to insufficient evidence regarding the Veteran's periods of service and a need for a new medical opinion on the etiology of his urethra tumor.

The Veteran's bilateral hip disorders have been granted initial ratings of 40 percent for limited right and left hip flexion, effective November 24, 2014. The RO also granted a 30 percent rating for right knee instability and left knee instability since February 24, 2017.

The Board has remanded the claims for service connection for the cause of death and burial benefits due to incomplete records and a need for a medical opinion regarding possible in-service HIV symptomatology.

The Board has remanded the case due to insufficient examination addressing whether the Veteran's respiratory condition, including chronic cough, is related to his service-connected non-Hodgkin's lymphoma treatment with Ritaxan and whether it was aggravated by that treatment. The examiner must also address whether the Veteran's exposure to herbicide agents in Vietnam may have caused or contributed to his respiratory condition.

The Veteran's liver cancer and balance issues/dizziness were not found to be related to service, including exposure to ionizing radiation. The Board denied the claims for service connection.

The Board has decided to remand the case due to a lack of documentation regarding the Veteran's receipt of notification letters about his overpayment. The Veteran did not receive proper notice and may have missed the 180-day time limit for requesting a waiver.

The Veteran's claims for increased ratings of her right knee conditions have been denied. Her right knee instability is rated at the maximum schedular rating, and her arthritis with limited motion is also rated at its maximum.