Other conditions decisions — 2021

The Board denied service connection for a left eye disability and remanded the issue of entitlement to compensation under 38 U.S.C. § 1151 for gallbladder surgery complications.

The Board has granted service connection for cystitis with a 20% evaluation effective June 4, 2004. The appellant is eligible for attorney fees based on the past-due benefits awarded in the August 2018 rating decision.

The Veteran's death was not covered for nonservice-connected burial benefits due to the untimely filing of the application and because the Appellant did not personally pay for the Veteran's burial expenses, including transportation costs.

The Veteran's spouse was denied recognition as his surviving spouse for the purposes of VA DIC, accrued benefits, and death pension.

The Board has granted a higher rating of 60 percent for the Veteran's degenerative spine disorder from November 17, 2008. The case is remanded for further action on service connection for shortness of breath and TDIU.

The Board has found that there has not been substantial compliance with the development sought as part of the November 2019 remand and therefore, the claims are being returned to the AOJ for further development.

The Board denied the claim for service connection for cutaneous leishmaniasis as there is no evidence of a current diagnosis during or recent to the filing of the claim.

The Veteran's appeal was dismissed because the appellant died during the pendency of the appeal, and thus the Board has no jurisdiction to adjudicate the merits.

The Board has remanded the case due to new evidence being introduced into the record since the last SSOC in July 2018. The AOJ is required to readjudicate the claim of entitlement to a TDIU with consideration of this new evidence.

The Veteran's claim for service connection for keratosis and sebaceous cysts due to Agent Orange exposure has been granted, but a rating is remanded. The Veteran's PTSD claim remains pending.

The Board denied the waiver of overpayment for $4,622 due to concurrent receipt of active service drill pay and found that recovery would not be against equity and good conscience.

The Board has remanded the case due to actions taken by the appellant regarding his discharge from military service. The appeal will be reviewed after obtaining information about any applications for a discharge upgrade submitted to review boards.

The Board has granted service connection for the Veteran's hiatal hernia, finding that it was incurred during active duty.

The Board has decided to remand the case due to incomplete service department records and insufficient opinions regarding the appellant's mental health during service. Further development is needed, including obtaining complete service treatment records, seeking non-VA treatment records, and scheduling a VA medical examination.

The Board has remanded the claim for an initial evaluation of spina bifida occulta, L5-S1 grade 1 anterolisthesis due to incomplete records and the need to obtain additional treatment records.

The Veteran's cause of death, intracranial hemorrhage due to or as a consequence of brain metastasis from unknown primary neoplasm with final diagnosis of glioblastoma multiforme of the brain, was not service-connected and is not considered related to herbicide exposure.

The Veteran's left fifth finger disability has been rated as noncompensable, and the Board found that it does not meet or approximate criteria for a higher rating.

The Veteran's claim for an earlier effective date prior to April 23, 2014 for the grant of service connection for shrapnel injury of the right upper extremity is denied. The earliest effective date for this award is April 23, 2014.

The Veteran's initial claim for a compensable rating prior to September 10, 2019 and a rating in excess of 10 percent after that date was denied. The Board found no evidence of moderate or more severe foot injuries during the appeal period.

The Board has determined that the Veteran's soft tissue sarcoma is at least as likely as not related to his in-service exposure to sunlight, and service connection for this condition is granted.