Other conditions decisions — 2021

The Board has decided to remand the case due to a lack of adequate VA examination and an unclear opinion regarding the relationship between the Veteran's breast cancer residuals and her service-connected conditions.

The Board has dismissed the appeal for attorney fees as it was granted and rendered moot.

The Board has decided to remand the Veteran's claims due to procedural errors in the creation and calculation of overpayment debts related to his National Guard service.

The Board denied the claim for a higher rate of payment for VA survivors' pension based on countable income, as the Appellant's unreimbursed medical expenses and burial expenses were considered for the full 12-month period beginning on October 1, 2019. The monthly award was $739 in October 2019, $271 in November 2019, and $1 in January 2020.

The Board has dismissed the appeal as there is no effective VA determination regarding payment or reimbursement for medical services provided by Mountain State Oral and Facial Surgeons on June 10, 2020.

The Board dismissed the appeal as the claims for payment of medical services provided by Aegis Sciences Corporation on September 4, 2020; September 11, 2020; and September 18, 2020 were administratively approved while this appeal was pending.

The Board has determined that the Veteran's acute myeloid leukemia is not causally related to his active service, including exposure to herbicides such as Agent Orange. Therefore, service connection for this condition was denied.

The Board has decided to remand the case due to a lack of notification regarding an overpayment debt related to the Veteran's incarceration, and for further development on the calculation of this debt.

The Board has granted an effective date of August 9, 2019 for the award of survivor's pension benefits with aid and attendance allowance. The decision is based on the appellant submitting a completed claim within one year of receiving her Intent to File.

The Veteran's interstitial lung disease was rated at 30 percent prior to July 27, 2009 and denied a higher rating. From July 27, 2009 to March 27, 2018, the Veteran received a non-compensable rating for his interstitial lung disease. The Board found that from March 28, 2018 to September 24, 2019, he was entitled to a 30 percent rating. From September 25, 2019 onward, the Veteran received a 60 percent rating for his interstitial lung disease.,The initial compensable rating of 10 percent for chronic adjustment disorder prior to July 8, 2019 and 30 percent thereafter was granted.

The Board denied service connection for a skin disability and gout, finding that the evidence did not establish a nexus between these conditions and service.

The Veteran's appeal was dismissed due to their death.

The Board dismissed the Veteran's appeal of service connection for diverticulosis, constipation, diarrhea, and bloat. The claim for TBI was denied. A disability rating of 40 percent from June 17, 2019, to December 19, 2019, for bilateral hearing loss was granted.

The Board has decided to remand the claims for service connection for restless leg syndrome and TDIU due to service-connected disabilities. The Veteran's claim is based on his service-connected obstructive sleep apnea, but VA needs to obtain additional medical records from Dr. Lovelady.

The Board has denied the Veteran's claim for reimbursement of loans received while attending a VR&E program, finding that VA is not obligated to reimburse/repay student loans used for personal living expenses rather than tuition and fees.

The Board has remanded the case due to insufficient clarification of the VA examiner's opinion regarding whether the Veteran's pre-existing heart murmur was aggravated by service. The Veteran and his representative argue that the condition may have progressed during service, but this needs further investigation.

The Veteran's claim for service connection for a left hip disorder is being remanded due to the failure to notify her of scheduled examinations, which could have affected the outcome. The Board will reschedule the necessary examinations and provide an opinion on whether it is at least as likely as not that the left hip disorder was incurred in or caused by service.

The Board has remanded the case due to a need for an addendum medical opinion regarding whether the Veteran's claimed bilateral lower leg condition is secondary to his service-connected bilateral pes planus with plantar fasciitis disability.

The Veteran's 12 fractured teeth and loss of 2 teeth are considered residuals of his in-service jaw fracture, which is granted as service connection.

The Veteran's small intestine cancer is being remanded for further development to determine if it is related to exposure to ionizing radiation during service, as he claims. The case will also be reviewed for direct service connection.