Other conditions decisions — 2021

The Veteran's fragment wound residuals of the right upper thigh with loss of tissue and atrophy are now rated at 40 percent, effective March 13, 2006. The Veteran's shell fragment wounds of the right foot remain at a 10 percent rating.

The Veteran's left second and third costosternal costochondritis has been granted an increased rating of 10 percent, effective from the date of the September 2020 rating decision.

The Board denied the appellant's claim to be recognized as the Veteran's surviving spouse for DIC benefits, finding that she was not legally married to the Veteran at the time of his death and therefore did not meet the legal requirements.

The Board has decided to remand the cases for further consideration due to new evidence being submitted after a Supplemental Statement of the Case (SSOC) was issued.

The Veteran's oral squamous cell carcinoma is being remanded for further development, including an addendum opinion from the VA examiner to determine if it was caused by in-service herbicide exposure.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran due to a lack of evidence showing remarriage after their divorce, despite the appellant providing care during post-divorce cohabitation.

The Board denied the Veteran's claim for service connection for a pulmonary condition, including emphysema, due to exposure to chemicals during service. The evidence did not establish that his current condition was related to service.

The Board has dismissed the appeal as the Veteran requested to withdraw his appeal regarding entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities.

The Board has decided that the Veteran's vision impairment, including cataracts, is related to his service-connected multiple sclerosis (MS). However, due to inconsistencies in the medical opinion provided by the VA examiner, a new examination is needed to determine if the vision impairment was caused or aggravated by MS.

The Veteran's service is not considered wartime service, and therefore he does not meet the basic eligibility criteria for nonservice-connected pension benefits.

The Veteran's residuals of a left side thoracotomy are rated at 60 percent, effective from the date of this decision. The Board also remanded the issue of entitlement to TDIU prior to February 21, 2017 and addressed the issue of TDIU from February 21, 2017 onward.

The Board has remanded several issues related to the Veteran's claims, including those involving his service-connected conditions and non-service-connected disabilities. The main reasons for the remand are to obtain additional medical evidence and to provide the Veteran with a copy of the claims file.

The Board dismissed the appeal because the appellant withdrew his appeal before a decision was made.

The Board has determined that the overpayment of VRAP benefits in the amount of $5,927.87 was validly created due to the Veteran's withdrawal from her educational institute. The appeal for a waiver of this overpayment is granted as it would not be against equity and good conscience.

The Board has remanded the case due to the need for additional development, including obtaining an addendum opinion regarding the etiology of the Veteran's scalp disorder.

The Board has remanded the claim of service connection for a respiratory disease due to the need for clarification and additional evidence. The Veteran's active service records show treatment for pneumonia and upper respiratory infections, but there is no current diagnosis or examination record available.

The Veteran's request for a waiver of overpayment of Chapter 30 educational assistance benefits was denied because it was not filed within the required 180-day period after notification of the debt.

The Board has decided to remand the case due to a need for an addendum VA medical opinion regarding the etiology of the Veteran's Dercum's disease.

The appeal was dismissed because the appellant died during the pendency of the appeal.

The Board has granted a 60 percent rating for scars of the bilateral upper extremities due to discoid lupus erythematosis, effective from the date of the decision.