Other conditions decisions — 2021

The Board denied the Veteran's claims for service connection for a skin disorder, including discoid lupus, and cataracts, finding no evidence linking these conditions to his active duty service or presumed exposure to herbicide agents.

The Board denied service connection for neurological disabilities of the bilateral upper and lower extremities, as well as right shoulder, elbow, neck, back, and knee conditions. The Veteran's claims were based on his contention that these conditions are secondary to his service-connected cervical and lumbar spine conditions.

The Board denied the Veteran's claim for an initial rating in excess of 10 percent for residuals of a left thumb fracture (left thumb disorder) and also denied entitlement to extraschedular consideration. The decision found that the available schedular ratings were adequate, and there was no evidence of marked interference with employment or frequent periods of hospitalization.

The Veteran's appeals for increased ratings for his service-connected pulmonary nodule determined to be a granuloma and mitral valve prolapse with chest pain have been dismissed due to the Veteran withdrawing his appeals.

The Board has determined that the remand directives have not been substantially complied with and another remand is necessary to obtain an adequate VA medical opinion regarding the nature and etiology of the Veteran's cause of death, including whether it was due to herbicide exposure in Vietnam.

The Veteran's daughter M.S. is granted additional VA educational assistance benefits in excess of 1 month and 21 days under the Transfer of Entitlement provisions of the Post-9/11 GI Bill, subject to a statutory cap of 48 months of aggregate benefits.

The Board has remanded the case for referral to the Director, Compensation Service, for extraschedular consideration of TDIU due to service-connected disabilities.

The Board has remanded the claim of service connection for colorectal cancer, including as due to herbicide exposure, due to insufficient medical opinions and lack of compliance with previous remand directives.

The Board has ordered the VA to obtain and associate with the claims file any outstanding records pertinent to the Veteran's claim for FMP benefits. The appeal will be readjudicated after these efforts are completed.

The Veteran's appeal for special monthly compensation (SMC) based on aid and attendance/housebound has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal as he died during the pendency of the appeal.

The Board has decided to remand the case due to a lack of an adequate VA examination and medical opinion regarding the Veteran's right hand disability. The Veteran is required to undergo a new VA examination to determine if his current right hand disability, including carpal tunnel syndrome or any other nerve disability, is related to his military service.

The appeals for payment of non-VA medical services provided to the Veteran on October 9, 2020 and December 10, 2020 were dismissed due to procedural issues with the submission of information.

The Veteran's appeal is remanded due to incomplete service records and the absence of a VA decision on his MGIB-Selected Reserve education benefits claim.

The Veteran's application for educational assistance under the Post-9/11 GI Bill was denied because his period of eligibility had expired before he applied, and no extension could be granted due to lack of applicable circumstances.

The Veteran's service-connected unspecified trauma and stress related disorder is currently rated at 30 percent prior to July 17, 2019, and denied for a higher rating. On and after July 17, 2019, the disability is rated at 70 percent, also denied.

The Veteran's claim for service connection for a dental disability, including four cracked teeth sustained during service in Vietnam, is remanded due to the need for a VA examination and determination of eligibility for VA outpatient dental treatment.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is dismissed as he did not submit a valid Notice of Disagreement.

The Veteran's request for a waiver of overpayment of VA pension benefits was denied because the appeal was not filed within 180 days of notification, and there was no evidence of delay due to circumstances beyond his control.

The Board denied service connection for a brain arteriovenous malformation (AVM) as there was no current diagnosis of AVM at the time of the appeal and no evidence linking it to service.

The Veteran's request for a waiver of recovery of overpayment of VA compensation benefits in the amount of $27,519.33 was determined to be timely filed and is now remanded for further adjudication by COWC.