Other conditions decisions — 2021

The Veteran's previous spouse, J.H., was removed as a dependent spouse effective July 2014 due to divorce.,The Veteran's child, C.H., was added as a dependent child effective March 9, 2018.

The Veteran's claim for reimbursement of unpaid cost of non-VA emergency medical care provided from December 27, 2018 to December 29, 2018 was denied as the services were not eligible for reimbursement under VA regulations.

The Board has decided to remand the case due to a predecisional duty to assist error, specifically not providing the Veteran with a VA examination regarding the etiology of his CVA prior to the December 2020 rating decision on appeal. The JMR indicates that there was evidence suggesting an association between Agent Orange exposure and CVA.

The Board dismissed the appeal because the appellant withdrew it through her authorized representative.

The Board has determined that a general apportionment of the Veteran's VA compensation benefits to D.D.S. for her own benefit is proper, but not for their minor children C.J.S., D.A.S. and C.B.S.

The Veteran served in Vietnam and the claimant was born with a form or manifestation of spina bifida. The Board finds that the evidence supports the finding that the claimant's disabilities manifest as a form of spina bifida, warranting benefits under 38 U.S.C. § 1805 for a child of a Vietnam Veteran born with spina bifida.

The Board has determined that the April 2016 VA examination, which was used to deny service connection for blurred vision, is inadequate and inaccurate. The Veteran's claims for a bilateral leg disability must be remanded due to pre-decisional duty to assist errors.

The Veteran's myocardial infarction did not meet the criteria for a higher rating, as her symptoms were within the range of a workload of greater than 5 METs but not greater than 7 METs resulting in dyspnea, fatigue, angina, dizziness, or syncope.

The Veteran's surviving spouse did not receive proper notice from the RO regarding her claim for survivor's pension, leading to a remand. The RO needs to adjudicate the pending claim and determine if the appellant can properly substitute for the purposes of this claim.

The Veteran's service-connected other specified trauma and stressor related disorder with cannabis use disorder, stimulant use disorder, and alcohol use disorder is rated at 70 percent from April 28, 2015 through January 21, 2019. A higher rating of in excess of 70 percent is denied.

The Veteran's service-connected other specified trauma and stressor related disorder with cannabis use disorder, stimulant use disorder, and alcohol use disorder is granted at a 70 percent disability rating from April 28, 2015 through January 21, 2019. A higher rating in excess of 70 percent is denied.

The Board has granted an earlier effective date of January 10, 2013 for a 70% rating and special monthly compensation (SMC) based on loss of use of the right hand. The Veteran's claim was initially filed in January 2013 when the AOJ initiated a review due to new evidence received.

The Board has decided to remand the case due to insufficient examination regarding secondary service connection for fecal incontinence, which may be related to prostate cancer.

The Board has decided to remand the case due to insufficient evidence and for further examination. The Veteran's claim will be reconsidered with a new medical opinion.

The Board has denied the Veteran's claim for service connection for colon cancer, finding that there is no evidence linking his current condition to in-service exposure to Agent Orange or any other basis.

The Board has granted a total disability rating based on individual unemployability (TDIU) from October 31, 2008. The issue of an initial rating in excess of 10 percent for chondromalacia patella of the left knee with degenerative changes is dismissed.

The Board denied the Veteran's claim for service connection for avascular necrosis of the left hip and also denied his TDIU claim. The Board found that there was no evidence to support a direct relationship between the Veteran's current disability and military service or any service-connected disabilities.

The Board denied the Veteran's claims for service connection for muscle and joint pain in his arms and legs, attributing this to a lack of evidence linking these conditions to his military service.

The Veteran's claims for increased rating and TDIU are being remanded due to the need for additional development of his medical records and employment history.

The Board has remanded the case due to issues related to accrued benefits in excess of $1,530.00 and a need for further clarification and adjudication regarding K.C.'s countable income.