Other conditions decisions — 2022

The Veteran's appeal for service connection of a gastrointestinal disorder has been dismissed due to the death of the appellant. The Board does not have jurisdiction to adjudicate this matter as the appellant is deceased.

The case is on appeal regarding the recognition of the appellant as the Veteran's surviving spouse. The Board has determined that additional development and compliance with contested claims procedures are needed.

The Veteran's appeal is remanded for additional development, including obtaining SSA records and scheduling a VA examination to assess the severity of his service-connected residuals of non-Hodgkin's lymphoma with follicular lymphoma.

The Board has not fulfilled its obligations under the procedures for contested claims, and therefore the case is being remanded to ensure compliance with all specialized procedures.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that a valid marriage could not be established due to legal impediments in Illinois and lack of clear and convincing evidence of a common law marriage in Oklahoma. The appellant was aware of these legal issues.

The Board has remanded the case due to inadequate VA examination reports and a need for an expert opinion regarding whether infertility is etiologically related to service.

The Board has remanded the case due to inadequate opinion regarding the Veteran's contentions and the proper standard of care expected for PICC line infections and resulting disabilities. The Veteran is seeking compensation under 38 U.S.C. § 1151 for aortic insufficiency, bacterial endocarditis, bovine aortic valve replacement, and possible transient congestive heart failure.

The Veteran's claim for a higher rating for his service-connected spondylolisthesis at L5-S1 with persistent back pain from February 12, 2020 is denied. The case has been remanded due to issues related to TDIU.

The Veteran's effective date for additional dependency compensation for his spouse D.Q. and children S.Q. and A.Q. is denied as the earliest date VA can grant these benefits is December 16, 2018.,VA also denied an earlier effective date for child A.Q.'s school-aged status, stating that no claim was received prior to her 18th birthday.

The Board denied service connection for a prostate disability and hiatal hernia, both of which are presumed to be related to Agent Orange exposure. The evidence did not support the Veteran's claims that these conditions were incurred in or aggravated by his military service.

The Veteran's appeal was dismissed due to their death, and no final decision can be made.

The Board denied service connection for a left hip disability to include as secondary to a service-connected disability and denied initial disability ratings for thoracolumbar degenerative disc disease, degenerative arthritis of the spine with intervertebral disc syndrome, spondylosis, arthropathy, osteophytes and muscle spasms.

The Board has remanded the case due to a failure of the VA examiner to address the issue of preexistence and aggravation in the November 2018 remand.

The Veteran's claim for a higher rate in excess of 60 percent for educational assistance benefits under the Post 9/11 GI Bill is remanded due to an administrative error and incomplete service records. The Board finds that further development, including verification of the Veteran's periods of qualifying active duty service, is necessary before adjudicating the claim on the merits.

The Board has remanded the Veteran's claims for an increased rating for left varicocele and service connection for testicular hypofunction or atrophy due to new evidence of worsening symptoms and lack of recent medical records.

The Board has determined that an effective date of October 17, 1996, for the award of service connection for the cause of the Veteran's death is granted due to newly received service records indicating exposure to herbicide agents in Thailand.

The Veteran's gout of bilateral feet, ankles, and knees is granted service connection. The Veteran's trench foot claim is denied. The Veteran's other bilateral foot conditions are remanded for further evaluation.

The Veteran's VA compensation benefits were incorrectly withheld for drill pay during FYs 2005 through 2014. The Board has ordered the VA to verify the number of drill days and pay received by the Veteran, prepare a paid and due audit, and provide the results to the Veteran.

The Veteran's claim for a higher rating for his varicose veins of the left leg is being remanded due to the need for a new examination.

The Board has remanded the case due to a lack of documentation verifying pursuit of a course of instruction at an educational institution approved by VA for CHAMPVA benefits as a child of the Veteran.