Other conditions decisions — 2021

The Board found that the apportionment of the Veteran's VA compensation benefits to the appellee in the amount of $365.00 per month effective from July 1, 2018 to January 1, 2020 was not proper due to insufficient evidence showing the Veteran was not reasonably discharging his responsibility for the child's support and that granting a special apportionment would cause undue financial hardship on the Veteran.

The Board has granted service connection for the Veteran's left ear cauliflower ear, finding that it began during active service and is related to his military activities.

The Board found that the apportionment of $900.00 per month for the Veteran's minor children caused undue financial hardship to him, and thus denied the appeal.

The Board denied the veteran's claim for payment or reimbursement of medical services provided by the appellant on February 13, 2020, as there was no VA authorization for such services.

The Board has granted service connection for a heart disability (cardiomyopathy) as secondary to the Veteran's service-connected diabetes mellitus. The diagnosis of cardiomyopathy was found to be aggravated by the service-connected diabetes.

The Board has remanded the claims due to inadequate medical opinions regarding the etiology of the Veteran's neurological disorders of the right and left upper extremities, specifically carpal tunnel syndrome (CTS) and ulnar sensory neuropathy. The case needs to be reviewed with a new VA examiner who will provide opinions on whether these conditions are related to service or any other condition.

The Board has dismissed the DIC claim as the surviving spouse did not meet the eligibility requirements due to her marriage being less than one year prior to the Veteran's death. The appeal is also dismissed for lack of jurisdiction regarding service connection and accrued benefits.

The appeal regarding VA pension benefits is dismissed due to the Veteran's death.

The Board has denied the Veteran's claims for service connection for left hip injury, head injury, and upper left thigh numbness as there is no current diagnosis that constitutes a disability for VA purposes.

The Board denied service connection for a back injury/herniated disc, finding that the evidence does not support a link between the condition and active service.

The Board has previously remanded the TDIU claim, and now finds that the previous instructions were not substantially complied with. The AOJ is required to obtain updated employment information since November 2016 and attempt to retrieve the Veteran's entire VA vocational rehabilitation file.

The claim for TDIU on an extraschedular basis is being remanded due to lack of substantial compliance with the previous remand directives and the need for additional information from the Veteran.

The Board has remanded the case due to the need for additional development regarding service connection for a heart condition other than mitral valve prolapse. The VA examiner is requested to provide an opinion on whether any current heart disability during the appeal period was related to the appellant's ACDUTRA.

The Veteran's salivary gland mucinous adenocarcinoma is found to be related to his in-service exposure to herbicide agents, specifically Agent Orange. Service connection for this condition is granted.

The Board has remanded the stomach disability claim due to inadequate consideration of the Veteran's lay statements in a previous VA examination.

The Board denied the Veteran's claim for service connection for a chronic disability manifested by myalgia and myositis, finding that there is no evidence of a current disability related to service or a service-connected condition.

The Board has ordered a new examination to determine if the Veteran's fecal incontinence was caused by his service-connected Parkinson's Disease or due to negligence during the November 2010 colonoscopy. The case is being remanded for these purposes.

The appeal was dismissed due to the appellant's death.

The Board has remanded the issues of service connection for a fungal infection of the groin and left pectoral area cellulitis due to additional evidence being added to the claims file, unclear findings from previous VA examinations, and the need for clarification on whether these conditions are current disabilities and related to diabetes mellitus.

The Board denied the appellant's request for a waiver of overpayment of transferred Post-9/11 GI Bill educational benefits, finding that the debt was validly created due to the Veteran's ineligibility to transfer such benefits. The Board also found no indication of fraud or bad faith on either party.