Other conditions decisions — 2022

The Board has remanded the case due to a failure to provide proper VCAA notice regarding whether new and material evidence has been received to reopen the claim of service connection for chest pains.

The Board has denied the Veteran's claim for service connection for emphysema, finding that there is not an approximate balance of positive and negative evidence in favor of his claim. The medical opinions provided by VA did not support a link between the Veteran's current condition and his active duty service.

The Board has denied the Veteran's claim for service connection for deviated nasal septum, finding that the condition did not increase in severity during active duty and was no more disabling post-surgery than it had been at entry. The Board concluded that the pre-existing condition improved due to an in-service surgery.

The Veteran withdrew his appeal for TDIU prior to the promulgation of a decision.

The Board has denied the Veteran's claim for service connection for a chronic gastrointestinal disorder, finding that there is no evidence of such a condition during or immediately after service and concluding that it is not related to any in-service injury or disease. The Board also found that the condition was not proximately due to or aggravated by a service-connected disability.

The appeal was dismissed due to the Veteran's authorized representative withdrawing the appeal.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's exposure to herbicides and toluene during service, which may be related to his Hodgkin's disease, Waldenstrom's disease, and non-Hodgkins lymphoma. The Veteran will need to provide authorization for VA to obtain private medical records from providers who treated him for these conditions.

The Board has remanded the issue of entitlement to a TDIU due to the Veteran's inaction in completing and returning the VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability. The AOJ must provide another opportunity for the Veteran to complete this form or provide accurate information concerning his employment status.

The Board has determined that additional action is necessary to properly address the overpayment and waiver of indebtedness issues, as further development is required. The AOJ must consider whether mitigating circumstances apply, specifically regarding the '6-Credit Hour Exclusion,' and refer the debt to COWC for review.

The Board has remanded the case due to inadequate development of evidence, specifically a lack of a VA back examination. The Veteran's right lower trapezius strain is currently rated as noncompensable.

The Veteran's child is seeking recognition as the Veteran's child for VA benefits purposes. The appeal has been remanded due to insufficient evidence regarding paternal relationship and self-support capability.

The Board denied the Veteran's surviving spouse's claim for Dependency and Indemnity Compensation (DIC) benefits because they were not married more than a year before the Veteran's death, as required by law. The appellant argued that she entered into a common-law marriage with the Veteran prior to their May 2015 ceremonial marriage, but the Board found this argument unconvincing due to Missouri state laws prohibiting same-sex marriages and common-law marriages.

The Veteran and the Appellant did not cohabitate continuously from their marriage in September 1972 to his death in March 2013. The Board found that the separation was due to mutual consent, but also noted that the Appellant filed for divorce in November 2002, indicating her intent to separate or divorce from the Veteran.

The Board has remanded the Veteran's claims for hiatal hernia and diverticulitis due to inadequate addendum opinions from previous VA examinations. The new VA examinations are needed to determine if these conditions are related to service.

The Veteran's appeal for an initial rating in excess of 30 percent for other specified trauma and stressor related disorder was remanded due to missing VA treatment records. The case is now back with the RO for consideration of all evidence received since the last decision.

The Board has remanded the case due to insufficient medical opinions regarding service connection for nephrolithiasis, which is claimed as secondary to service-connected type II diabetes mellitus (DM-II).

The Board denied the Veteran's claim for service connection of a lung condition, finding that there is not sufficient evidence to support a link between his current lung condition and his military service.

The Veteran's service-connected residuals from gall bladder removal are rated at 10 percent, but no higher.

The Veteran's claim for service connection for basilar artery thrombosis is being remanded due to the need for additional medical opinions regarding the etiology of his condition. The claims are also being considered in relation to secondary service connection.

The Veteran's wife, R.H., applied for burial benefits on behalf of the Veteran. The claim was denied because I.H. (likely another family member) had already received the benefits. The case is being remanded to provide relevant documents and inform both parties about their rights.