Other conditions decisions — 2021

The Board has remanded the cases for additional examination and opinion regarding whether the Veteran's bilateral hand arthritis is related to his service, including as due to cold exposure during service.

The Veteran's claim for increased ratings and TDIU is being remanded due to the need for additional medical examination regarding his diaphragm paralysis and nerve damage.

The Board has determined that the Veteran's death was due to asbestos exposure during his service, and remands for further development including obtaining VA medical opinions on the cause of death and whether service-connected disabilities contributed to death.

The Board dismissed the appeal because the Appellant died during the pendency of the case, and therefore has no jurisdiction to adjudicate the merits.

The Veteran's initial compensable rating for his service-connected broken nose residuals was denied, and a 10 percent evaluation based on multiple non-compensable service-connected disabilities was also denied.

The Veteran's acute myeloid leukemia is granted service connection, and the cause of his death due to this condition is also granted.

The Board has determined that the Veteran's respiratory disorder may be related to service, specifically asbestos exposure during his naval service. However, due to a lack of VA examination on this issue, the case is being remanded for further evaluation.

The Veteran's claim for service connection for a neurocognitive disorder, including memory loss and dementia, is being remanded due to the submission of new and relevant evidence. The issue will be readjudicated.

The appeals concerning non-VA medical services provided from February 3, 2020 to March 13, 2020 were dismissed as the AOJ administratively reversed the denials and approved the episodes of care for payment.

The Board has determined that all steps necessary to ensure the procedural and due process rights of the parties have not been completed, specifically notifying the Veteran of the August 2021 apportionment decision. The case is therefore remanded for further action.

The Veteran's benefits are granted for a general apportionment to the appellant, on behalf of their child G.B., due to the Veteran not reasonably discharging his responsibility for support.

The Board has decided to remand the case due to a lack of medical opinion regarding the etiology of the Veteran's myelodysplasia, which is presumed to be related to his exposure to Agent Orange. The VA will need to obtain an expert opinion on this matter.

The Veteran's service-connected disabilities have not been shown to necessitate the use of prosthetic or orthopedic devices that would wear out his outer garments, thus denying a clothing allowance for prosthetic right shoe with brace, ankle support, and left and right arm crutches during calendar year 2019.

The Board denied the Veteran's claim for service connection for a bilateral eye disorder, finding that there was no evidence of a chronic eye disorder during or after service and attributing current conditions to aging. The Veteran's reports of in-service onset were not supported by contemporaneous medical records.

The Board denied reimbursement or payment for non-VA medical care due to the treatment being for a non-emergent, non-service connected condition and not meeting the criteria for emergency treatment.

The appeal is dismissed due to the Veteran's death during the pendency of the appeal.

The Veteran's spouse, A.M.P., is in need of regular aid and attendance due to physical incapacity resulting from her disabilities including needing assistance with toileting, bathing, medication management, standing, and dressing. The Board has determined that the criteria for increased compensation based on the need of the Veteran's spouse for regular aid and attendance have been met.

The Board denied an earlier effective date for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35, as the Veteran's total disability status was determined to be permanent in nature starting from January 1, 2012.

The appeal was dismissed as the AOJ administratively reversed the denial of payment for non-VA medical services provided to the Veteran on May 23, 2020.

The Board denied the claim for service connection for cause of death due to anemia, finding that it did not contribute substantially or materially to the Veteran's death.