Other conditions decisions — 2021

The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding no evidence she filed a formal or informal claim prior to September 12, 2013.

The Board denied the Veteran's claim for service connection for the cause of his death due to herbicide exposure, finding that none of the conditions listed on his death certificate were incurred in or related to his active military service.,The Board also denied the appellant's claim for compensation under 38 U.S.C. § 1151 for her husband's death, concluding that there was no evidence of VA negligence or fault in causing the Veteran's death.

The Veteran's claim for a higher rating for IVDS with bulging disc prior to December 10, 2019 was denied. From December 10, 2019 onwards, he is assigned a 40 percent rating for the condition.

The Board has remanded the case due to a lack of inpatient and outpatient treatment records from the Subic Bay Naval Hospital for the period from January 1, 1956 through January 1, 1992. The VA is required to obtain these records directly from the Department of the Navy.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran has a current left foot disorder that manifested in service or is otherwise causally related to her military service.

The Board has decided to remand the claims for further evaluation due to inadequate rationale in the previous opinions and the need for additional medical opinions on service connection and aggravation.

The Board has remanded the case due to inadequate examination and consideration of the Veteran's lay statements regarding her symptoms during service.

The Board denied the Veteran's claim for service connection for a left arm disability, finding no current disability and insufficient evidence to establish an in-service injury or disease.

The Board has remanded the case due to insufficient compliance with a previous remand directive regarding an examination and opinion on whether the Veteran's squamous cell cancer of the lungs is related to his in-service exposure to herbicides. The examiner must provide a new opinion addressing three medical opinions that suggest such a connection.

The Board has remanded the Veteran's claims for service connection due to unclear evidence and need for additional development regarding exposure to environmental hazards during service in Vietnam and at Camp Lejeune.

The Veteran's appeal for service connection for a dental implant mechanical failure is denied. The right ankle disability issue has been remanded due to the need for additional examination and opinion.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's transverse myelitis and service, including exposure to herbicide agents.

The Board has vacated and remanded the August 2019 decision denying TDIU due to service-connected disabilities, as it failed to provide an adequate statement of reasons and bases. The case is now returned for further consideration.

The Board has remanded the case due to insufficient review of private medical records related to the Veteran's lumbar spine surgeries, which may have impacted his thrombophlebitis condition.

The Board denied the Veteran's request for an earlier effective date for additional compensation based on dependency of his spouse, finding that he did not submit proof of marriage within one year of a June 1995 rating decision. The effective date was set at November 12, 2014.

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

The Board has determined that the Veteran's death was caused by an event not reasonably foreseeable, specifically the placement of a port-a-cath in August 2007 for treatment of his terminal cancer. As such, DIC benefits are granted.

The Veteran's appeal for service connection for basal cell carcinoma, which was linked to herbicide exposure, has been dismissed due to the appellant's attorney withdrawing the appeal prior to a Board decision.

The Board has decided to remand the case for further examination and analysis regarding the Veteran's left hip shortening and leg shortening, including whether these conditions are related to his service-connected diabetes.

The Veteran's gastroenteritis is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,The Veteran's bilateral hearing loss disability is currently rated as 40 percent disabling. The Board finds that an increased rating in excess of 40 percent is not warranted.