Other conditions decisions — 2021

The Veteran's service-connected obstructive sleep apnea is found to aggravate his restless leg syndrome, allowing for the grant of service connection.

The Veteran's appeal of the denial of an apportionment of his VA disability compensation benefits withheld during his incarceration is dismissed because he does not have a personal stake in the outcome and lacks standing to file an appeal.

The Veteran's spouse, the appellant, requested an apportionment of his VA disability compensation benefits due to his incarceration. However, as he and his children were residing together prior to his confinement, the criteria for an apportionment are not met.

The Veteran requested to withdraw their appeal, and the Board has dismissed it.

The Veteran's spouse, the appellant, is granted a general apportionment of VA disability compensation benefits in the amount of the dependency allowance for a spouse prior to May [REDACTED], 2021. The appeal on behalf of the appellant's children was denied as they are no longer members of the Veteran's household.

The Board has granted the Veteran's request for an earlier effective date of April 1, 2021 for the award of VA non-service-connected disability pension benefits.

The Board denied the appellant's request for an earlier effective date for VA survivor's pension benefits, finding that she did not continuously pursue her claim within one year of the May 2020 decision. The earliest possible effective date is July 14, 2021.

The Veteran's appeal for payment or reimbursement of medical expenses incurred in connection with services provided through the VCCP was dismissed because the basis of the original denial has been overturned, and there is no remaining case or controversy over which the Board has jurisdiction.

The Board has granted an apportionment of the Veteran's VA compensation benefits to the appellant on behalf of their children, G.R. and A.R., due to financial hardship demonstrated by the appellant.

The Board has granted an apportionment of the Veteran's VA compensation benefits to the appellant on behalf of their children, G.R. and A.R., due to financial hardship demonstrated by the appellant.

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 Board denied service connection for anemia, finding that the evidence did not support a link between the condition and the Veteran's military service or in-service herbicide agent exposure.

The Veteran's cause of death was granted service connection in an October 2020 decision, making the DIC and survivor's pension appeals moot.

The appeal concerning payment for non-VA medical services provided to the Veteran on March 4, 2020 is dismissed as the AOJ has administratively reversed the denial and approved the episode of care for payment.

The Board has granted service connection for indolent non-Hodgkin's lymphoma with Waldenstrom macroglobulinemia, finding that the Veteran's exposure to in-service chemical exposures is causally related to his condition.

The Board has determined that a remand is necessary to provide the Veteran with a VA examination and etiological opinion regarding his claimed respiratory disability, as there was a pre-decisional duty to assist error.

The Board denied the veteran's claim for nonservice-connected pension benefits due to his character of discharge being under other than honorable conditions, which serves as a bar to receiving such benefits.

The Board has ordered a remand for the issues of service connection for vascular disease and entitlement to TDIU due to service-connected disabilities. The remand is necessary because the VA examinations obtained in prior decisions were inadequate, particularly regarding the etiology of the Veteran's vascular disorder.

The Board has determined that the procedural requirements for simultaneously contested claims have not been met, and thus the matter is remanded to ensure compliance with applicable regulations.

The Veteran's multiple myeloma is granted as service-connected due to in-service herbicide exposure.