Other conditions decisions — 2021

The Board has determined that the matter is not ripe for appellate review due to procedural issues. The case involves a simultaneously contested claim and requires full compliance with the procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500-04. Specifically, the Veteran must be provided with copies of the content of the appellant’s July 2017 substantive appeal and the September 2020 Board hearing transcript. The appellant must be provided with a copy of December 2020 Board hearing transcript. Additional information regarding child support payments is needed to adjudicate this matter.

The Board denied the Appellant's claim for survivors’ pension benefits due to her income exceeding the maximum annual pension rate (MAPR) and her net worth being too high, despite a change in financial circumstances reported by the Appellant.

The Board has ordered a remand for the Veteran's claim of service connection for benign prostatic hypertrophy, including as due to exposure to herbicides. The remand is in response to an inadequate VA examination report and requires a new evaluation.

The Veteran's atrial fibrillation was rated at a 30 percent disability rating for the period prior to November 24, 2020. The Board found that this met the criteria for a 30 percent rating under Diagnostic Code 7011 and denied any higher ratings.

The Veteran's appeal for service connection of a neck condition has been dismissed due to the death of the Veteran.

The Board has determined that the overpayment of $100,706.37 was not properly created due to a sole administrative error on VA's part and is therefore granted.

The Board has remanded the case due to incomplete information regarding the Veteran's service records and awards. The Appellant is seeking nonservice-connected death pension benefits, but additional verification of her claims is needed.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's prostate disorder and its relationship to his service, service-connected conditions, or environmental exposures. The Veteran needs to provide updated VA treatment records and undergo a new examination to address these issues.

The Board has remanded the case due to incomplete records regarding the appellant's discharge upgrade from other than honorable conditions.

The Board has ordered additional development to obtain records from a neurologist who may have diagnosed the appellant with spina bifida, as this is crucial for establishing service connection.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's esophageal cancer, which may be related to his service or herbicide agent exposure. The claim will be reconsidered after obtaining a new medical opinion.

The Board has granted the veteran's adult daughter, the appellant, additional accrued benefits in the amount of $1,380.00 for reimbursement of the expense of last sickness and burial.

The Board has decided that further development is needed for the Veteran's claim of entitlement to a total disability rating based upon individual unemployability (TDIU). The decision is remanded due to the need for additional records from Social Security Administration.

The Board has granted the Veteran's request for a waiver of overpayment debt, finding that recovery would be against equity and good conscience due to the Veteran's financial hardship and cognitive limitations.

The Veteran's claim for a TDIU was granted, and the Board also found that he is unable to secure or follow substantially gainful employment due to his service-connected disability. The SMC based on loss of use of the left foot remains in appellate status.

The Board has remanded the case for additional development, including determining whether the Veteran's epididymitis warrants a rating in excess of 10 percent from August 8, 2006 to August 14, 2007 and addressing his claim for service connection for sleep apnea secondary to his service-connected epididymitis.

The Veteran's application for clothing allowances due to Thera-Gesic and Hydrocerin creams, left foot orthotic, and knee brace for the benefit year 2014 is denied as there is no evidence of a skin condition due to a service-connected disability during that year.

The Board denied service connection for residuals of polio, a neurologic disability of the bilateral lower extremities, and a neurologic disability of the bilateral upper extremities as these conditions clearly existed prior to service and were not aggravated by any in-service event or injury.

The Board has remanded the claims of service connection for Waldenström’s macroglobulinemia and anemia with fatigue due to radiation exposure. The AOJ must comply with the procedures outlined in 38 C.F.R. § 3.311, including obtaining a dose assessment and referral to the Under Secretary for Health.

The Board has remanded the case due to non-compliance with previous remand directives, including obtaining a summary of why VA compensation was withheld and resuming in June 2007 while the Veteran was still receiving military retirement pay. The Veteran is asked if he wants another hearing regarding this issue.