Other conditions decisions — 2021

The Board denied the Veteran's request for waiver of overpayment of VA compensation benefits due to his incarceration for a felony offense, finding that recovery would not be against equity and good conscience.

The Board has remanded the case due to incomplete development of evidence regarding the Veteran's lung cancer and exposure claims. The examiner is requested to provide an opinion on whether it is at least as likely as not that the Veteran’s lung cancer was caused by his claimed exposure to asbestos or industrial chemicals on or near the bases where he performed active duty.

The Veteran's son, C.W., was recognized as a dependent child due to his permanent incapacity for self-support prior to reaching the age of 18. The Board found that C.W.'s autism disorder began before he turned 18 and that he is incapable of supporting himself.

The appeal was dismissed due to the appellant's death, and no service connection issues were decided.

The Board has determined that the Veteran's pre-existing right foot disability, which was aggravated during active service, qualifies for service connection.

The Board dismissed the appeal of the claim for a higher rating for left femur fracture residuals due to the death of the appellant during the pendency of the appeal.

The Veteran's appeal was dismissed due to their death, and the case is not eligible for substitution by a surviving party.

The Board has granted service connection for bilateral shin splints. Service connection is remanded for tonsil disability and bilateral eye disability.

The Veteran is eligible for assistance in acquiring specially adapted housing due to loss of use of both lower extremities. However, the claim for a special home adaptation grant is moot as eligibility for housing has been established.

The Veteran's left thoracic outlet syndrome was granted an initial 40 percent rating, effective November 30, 2015. The case is also remanded for a new VA examination and to determine the Veteran's eligibility for a total disability rating based on individual unemployability (TDIU).

The Board denied the Veteran's claim for service connection of a bilateral eye disability, finding that there is no evidence to support a nexus between his current condition and his military service.

The Veteran's initial claim for a rating of 10% for residuals of a right tibia/fibula fracture was granted in October 2013. The case returned to the Board after remand, and an increased rating to 20% was assigned effective September 15, 2020. For the period prior to September 15, 2020, a 20% rating is granted.

The Board has remanded the Veteran's claims for an increased rating for her service-connected left tibial stress fracture and peroneal tendonitis, left foot due to a lack of recent VA examinations. The Veteran also had issues with her TDIU claim which is inextricably intertwined with her other claims.

The Board denied service connection for residuals of cold injury to the hands and feet, finding that there is no evidence of such injuries during active duty or continuity of symptoms since then.,Service connection was also denied for left thumb disability. The Veteran's current complaints were attributed to a motor vehicle accident post-service.

The Board has decided to remand the case due to insufficient examination opinions and need for further development, including obtaining private treatment records.

The Board denied the Veteran's claim for service connection of a left foot disorder, finding that there was no nexus between his current condition and active duty service. The Board also found that the preexisting foot condition did not clearly and unmistakably exist prior to service.

The Board denied the Veteran's claim for service connection for a skin disorder, finding that there is no competent medical evidence to show that his current skin condition is related to his military service or exposure to herbicide agents.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance due to service-connected disabilities, as he is not in need of such assistance.

The Board dismissed the appeal due to the appellant's death, and no jurisdiction remains for further action.

The Board has decided to remand the case due to insufficient medical opinions and consideration of the Veteran's lay statements regarding his symptoms.