Other conditions decisions — 2021

The Board dismissed the claim of entitlement to a rating in excess of 60 percent for residuals of rheumatic fever with aortic valve insufficiency and left ventricular hypertrophy and cardiac pacemaker for atrial fibrillation due to the death of the appellant.

The Board has remanded the Veteran's claims for increased ratings for DJD and tendonitis of both knees due to inadequate examinations in prior years. The Veteran is seeking a higher rating based on his bilateral knee conditions, which include DJD and tendonitis.

The Veteran's DVT of the right leg was not caused by a VA error, and his post-thrombotic syndrome is considered a common complication rather than an additional disability resulting from the prescription error. The claim for compensation under 38 U.S.C. § 1151 is denied.

The Veteran's cause of death was attributed to sepsis due to end-stage liver disease, which is not related to his service. The Board found no evidence that the Veteran had heart disease at the time of his death and denied service connection for the cause of death.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Board has reopened the claim for service connection for cause of death due to new and material evidence, but has remanded it for a VA medical opinion regarding whether the Veteran's pulmonary fibrosis is related to his in-service herbicide agent exposure.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's service-connected mood disorder, combined with other disabilities, meets the criteria for special monthly compensation at the housebound rate.

The Board has remanded the case due to insufficient evidence regarding the Veteran's gastrointestinal disability, including colorectal cancer and bowel resection. The VA examiner concluded that there is no evidence linking these conditions to service or Agent Orange exposure.

The Veteran's right 5th hammer toe condition is granted as service-connected. The other issues remain pending and are either denied or remanded.

The Board denied the Veteran's claim for service connection for right foot gout, finding that there was no evidence of a relationship between his in-service complaints and post-service diagnosis.

The Board has granted a 20 percent rating for the Veteran's residuals of rhabdomyolysis from June 29, 2020, finding that his symptoms have manifested as moderately severe disability. The Veteran previously had a compensable rating prior to this date.

The Board has remanded the case due to inadequate VA examination and opinion, requiring a new examination with diagnostic testing to determine if the Veteran has a cardiac disability and its relationship to his service.

The Board denied the Appellant's claim as his character of discharge remains a bar to VA benefits due to multiple periods of unauthorized absence without leave (AWOL). The upgraded general discharge under honorable conditions did not remove any statutory bars.

The Board has remanded the case for further development and an addendum opinion regarding service connection for bilateral foot conditions, as well as a new VA examination if necessary. The Veteran's claim of loss of front tooth (tooth #7) is denied.

The Board has remanded the case for readjudication of the Veteran's claim for a waiver of overpayment of VA dependency benefits. The RO must ensure that all documents and evidence relevant to this issue are associated with the claims file, including whether the submitted Certificate of Credits was timely filed.

The Board has dismissed the appeal as there is no remaining case or controversy regarding the Veteran's request for a waiver of recovery of overpayment of VA pension benefits in the amount of $15,235.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for an eye condition (to include cataracts) as a result of VA prescribed steroid therapy, finding no evidence of carelessness, negligence, lack of proper skill or error in judgment on the part of VA.

The Appellant has withdrawn her appeal regarding the issue of entitlement to apportionment of the Veteran’s VA compensation benefits.

The Board has decided to remand the Veteran's claim for an increased rating in excess of 10 percent for his service-connected herpes simplex virus due to the need for additional medical opinion and consideration of new evidence.