Other conditions decisions — 2021

The Veteran's claim for an earlier effective date for service connection of chronic lymphocytic leukemia (leukemia) is denied because the December 2006 rating decision was not appealed within one year and thus became final. The Board found no evidence to rebut the presumption of regularity regarding notification.

The Veteran's claim for TDIU is being remanded due to the need for additional VA medical records and psychiatric care records.

The Board has denied the Veteran's claims for service connection for prostate condition, right testicle disorder, left testicle disorder, and a brain disorder (claimed as brain tumor). The evidence does not support finding that any of these conditions are related to active duty or exposure to herbicide agents.

The overpayment in the amount of $54,400.18 for educational assistance benefits under the Post-9/11 GI Bill was properly created; to that extent, the appeal is denied. The VA awarded transferred education benefits based on the Veteran's eligibility until he retired early due to failing fitness assessments and not meeting his service obligation.

The Board has remanded the case due to insufficient examination and lack of medical records, requiring further development including obtaining VA treatment records and scheduling an examination.

The Board has determined that the Veteran's acquired psychiatric disorder, including schizoaffective disorder and depressive type, began during active service and has persisted since then. The decision grants service connection for this condition.

The Board has remanded the case due to insufficient consideration of the Veteran's exposure to ionizing radiation during service, which may be related to his vision disability.

The Veteran's claim for pilonidal cyst is remanded due to incomplete medical records and the need for an addendum opinion.

The Veteran's initial claims for increased ratings for left and right tibial disabilities were denied, as the evidence did not show that their disability picture more nearly approximated the criteria for a higher rating.,For TDIU prior to June 2, 2018, the Board found that the Veteran was not unemployable due to her service-connected disabilities.

The Veteran's herniated discs at L4, L5, and S1 are currently rated at 20 percent due to pain on motion with limited forward flexion. The Board denied an increased rating as the current evaluation adequately reflects his symptoms.

The Board has remanded the case due to non-compliance with previous directives and requires an addendum VA medical opinion regarding the etiology of any current residuals from a head injury sustained during service.

The Board denied the appellant's claims for an earlier effective date for service connection for the cause of her mother's death and eligibility as a substituted claimant, finding that she did not meet the statutory filing requirements.

The Board has denied the Veteran's claims for service connection for bilateral foot disorder, to include pes cavus, hallux valgus, and hammertoes. The VA examiners found no evidence of an increase in severity during service and concluded that these conditions are not related to military service.

The Board denied the Veteran's claim for service connection for dizziness, finding that there is no clinical evidence of a current disability and that the weight of the evidence does not support a link between the claimed condition and active service.

The Veteran's appeal is remanded due to incomplete documentation and lack of clear notice of the basis for the denial. The AOJ must provide complete notice of the decision as required by 38 U.S.C. § 5104, including identification of whether or not the claim meets each of the criteria necessary for payment under relevant laws.

The Board has determined that the Veteran's idiopathic pulmonary fibrosis is likely due to his herbicide agent exposure during service, and thus grants service connection for this condition.

The Board has determined that there was a duty to assist error in the prior decision and is remanding the case for further development.

The Veteran's initial rating for his insomnia disorder is denied as it does not meet the criteria for a higher rating than 30 percent.

Your appeal of the denial of Total Disability Rating Based on Individual Unemployability (TDIU) in a June 20, 2021 rating decision has been dismissed because you filed another appeal for TDIU before the final adjudication of your previous appeal.

The Veteran withdrew his appeal regarding the addition of his spouse as a dependent for additional dependency benefits, and this issue is dismissed.