Other conditions decisions — 2021

The Board has reopened the claim for service connection for invasive ductal carcinoma, right breast due to presumed exposure to herbicides and granted service connection based on a new opinion from the Veteran's treating oncologist.

The Board has remanded the Veteran's claims for dizziness and gastrointestinal disorder due to insufficient medical opinions regarding the onset, diagnosis, and etiology of these conditions. The case will be returned for further development.

The Board has reopened the Veteran's claim for service connection due to new and material evidence, but denied the claim as there is no causal relationship between his current condition and his active duty.

The Board has restored the disability ratings and SMC for the Veteran's neurocognitive disorder, Churg-Stauss syndrome and pulmonary fibrosis, as well as special monthly compensation (SMC) based on statutory housebound criteria.

The Veteran's right eye cataract surgery caused a loss of vision due to retinal detachment, but the Board found that he provided informed consent and thus compensation under 38 U.S.C. § 1151 is denied.

The Veteran's right and left shoulder disabilities have been rated based on limitation of motion. The Board has determined that the current ratings are appropriate, as the Veteran’s range of motion does not meet the criteria for a higher rating under Diagnostic Codes 5201 or 5203.

The Board denied the appellant's claim for DIC benefits as she does not meet the basic eligibility requirements for recognition as a helpless child of the Veteran due to her disqualifying marriages.

The Board has remanded the case due to incomplete examination reports and the need for updated treatment records. The Veteran's bilateral eye disability, including right eye enucleation and left lens removal, is being evaluated further.

The Veteran's cause of death, myocardial infarction, cannot be presumed to be service-connected due to in-service exposure to herbicides. The Board also found no evidence linking the Veteran’s myocardial infarction to his military service.,The appellant's income exceeded the maximum annual pension rate for a surviving spouse without dependents, making her ineligible for non-service-connected death pension benefits.

The Board denied the claim for service connection for colorectal cancer, finding that there was no evidence linking the Veteran's current condition to his military service or exposure to ionizing radiation.

The Board has remanded the case due to inadequate VA examinations and the need for an addendum opinion regarding whether the Veteran's right elbow condition is related to service.

The Veteran's claim for TDIU due to service-connected disabilities is being remanded as the Board finds that the AOJ has substantially complied with the remand orders and no further action is necessary in this regard. However, an additional remand is needed to fully adjudicate the Veteran’s claim.

The Veteran's appeal for increased ratings and TDIU is being remanded due to incomplete development of his Social Security records.

The overpayment of $1,837.00 was properly created due to the Veteran's failure to notify VA of his spouse's death in a timely manner. The appeal for waiver of recovery is dismissed as moot.

The Veteran's Bell's palsy is remanded due to the lack of updated medical records and a VA examination.

The Veteran's appeal has been dismissed due to their death.

The Veteran's left foot disability, including fractures and nonunion conditions, is currently rated at 20% from March 1, 2017 through January 15, 2019.

The Veteran's claim for service connection for ALS with impairment of the upper right extremity was granted, and an effective date of June 6, 1959, is established.

The Board has determined that the Veteran's pleural plaques are related to his exposure to asbestos during service, and thus grants service connection for this condition.

The Board has ordered the AOJ to reconstruct and upload all documentation related to the Veteran's request for a second stair glide in her residence due to missing records.