Other conditions decisions — 2021

The Board has decided to remand the case due to insufficient development and need for an addendum medical opinion.

The Board has remanded the case due to insufficient consideration of the Veteran's lay statements and VA examination reports, as well as concerns about substantial compliance with previous remand orders.

The Board denied service connection for brain tumors, including as secondary to right ear otosclerosis with hearing loss due to lack of evidence linking the condition to service or service-connected conditions.

The Veteran's appeal for TDIU was untimely as the substantive appeal was received more than a year after the notification letter, and there is no evidence of an extraordinary circumstance or due diligence in filing the appeal.

The Board has remanded the claims for service connection and TDIU due to insufficient opinions regarding the etiology of the Veteran's skin conditions, specifically whether they are related to his active service including in-service sun exposure.

The Board is remanding both issues related to an earlier effective date for service connection for the cause of the Veteran's death. The first issue involves determining if the current Appellant, who is the Veteran’s daughter, can be substituted as a claimant in her mother's (the Veteran's widow) February 2004 appeal. The second issue requires verifying the death of the original claimant, the Veteran's widow.

The Board has decided to remand the case due to inadequate medical opinion and incomplete evidence. The Veteran's prostate disorder is being reviewed again for potential service connection, specifically related to exposure to Agent Orange.

The Board has determined that the Veteran's current right lower extremity varicose veins likely had their onset during service, and thus grants service connection for this condition.

The Veteran's claim for a rating in excess of 30 percent for balance and instability due to tardive dyskinesia on an extraschedular basis was denied. The Board found that the schedular criteria adequately described his disability level.,The Veteran's claim for TDIU was also denied, as there is no evidence showing he is unable to secure or follow a substantially gainful occupation due to service-connected disabilities.

The Board has remanded the case due to insufficient reasoning in the January 2020 decision and the need for an advisory opinion from an independent medical expert. The Veteran's claim of service connection for hypopharynx cancer is being reviewed again.

The Board dismissed the appeal because the appellant requested to withdraw it.

The Board has remanded the case due to issues related to the validity of an overpayment of pension benefits and the creation of a debt. The appellant needs to provide documentation regarding her net worth, including credit union statements and evidence of any debts or expenses paid from life insurance proceeds.

The Board has remanded the case due to insufficient reasoning in the previous VA examination regarding whether the Veteran's current neck condition is related to an in-service injury, including a fall from a ladder. The examiner needs to provide a clear opinion on this matter.

The Board has decided to remand the Veteran's claim of service connection for a left foot disorder, diagnosed as hallux valgus, due to inadequacy in the previous VA opinion and need for further examination.

The Board has remanded the Veteran's claims for service connection and initial rating of diabetes mellitus type II, as well as his prostate condition, colon problems, and diverticulitis. The claims are being remanded due to a lack of recent VA examinations and treatment records.

The Veteran's great-granddaughter filed a claim for DIC, Death Pension, and Accrued Benefits. However, the Board found that she does not have standing to bring such claims as she is not considered a child or surviving spouse of the Veteran under VA regulations.

The Veteran's cause of death was metastatic pancreatic cancer, which the Board found not service-connected due to lack of evidence showing it occurred during or within one year after service.

The Veteran withdrew her appeal for service connection for giardiasis, and the Board has dismissed it.

The Board denied the Veteran's claim for service connection for a dental disability for compensation purposes, finding that there was no compensable condition to warrant such a grant.

The Board has denied the Veteran's claims for service connection for residuals of burns to the eyes and dry eye syndrome, finding that there is no evidence of a current disability related to these conditions during or within one year after service.