Other conditions decisions — 2022

The Board denied the appellant's claim to be recognized as the decedent's surviving spouse for purposes of dependency and indemnity compensation (DIC) benefits due to a lack of valid marriage under Texas common law, despite her claims. The decedent had multiple offenses during service which resulted in an undesirable discharge under dishonorable conditions.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to inadequate examination in her previous VA examinations. The Veteran is required to be re-examined to determine the current severity of her service-connected right tibia stress fracture, left tibia stress fracture, and arthritis.

The Veteran's daughter, who suffered from mental and developmental deficiencies due to a 1998 motor vehicle accident, was found permanently incapable of self-support prior to reaching the age of 18.

The Board denied the Veteran's claim for service connection for a left lower extremity disorder, finding that there was no evidence of an in-service injury or disease and no causal link to current symptoms.

The Board has decided to remand the Veteran's claims for service connection for residuals of a right ovarian cyst, right leg disability, and left leg disability due to incomplete records and inadequate examination reports. The Veteran will need to provide additional medical evidence and undergo further examinations.

The Board found that the overpayment of $1,872.42 in VA compensation benefits was properly created due to concurrent receipt of DEA benefits for his dependent child and contributed to by the Veteran's acceptance of payments despite knowing he should not have.

The Board has determined that additional development is needed for the Veteran's right shin splint and Chiari malformation claims, including VA examinations to assess current severity and etiology.

The Board has decided that the Veteran's claim for service connection for a ventral hernia should be remanded due to incomplete verification of his Army Reserve service and unassociated service treatment records.

The Board has determined that the Veteran does not have a current right upper thigh disability related to service, and thus denied his claim for service connection.

The Board denied the appellant's claim for basic eligibility for VA home loan guaranty benefits due to his character of discharge being under other than honorable conditions, specifically a bad conduct discharge.

The Board has decided to remand the case due to a lack of a medical opinion regarding secondary service connection for a neck condition. The Veteran's claim is being returned for further development and an addendum medical opinion.

The Board has decided to remand the Veteran's claim for a bladder disorder due to inadequate examination and opinion regarding service connection, secondary service connection, and neurological association.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) because his service-connected duodenal ulcer does not meet the schedular requirements and does not render him unemployable.

The Board has remanded the Veteran's claims for service connection for residuals of an inhalation injury and a rating in excess of 30 percent for PTSD due to inadequate examinations. The issues are not related to service connection.

The Veteran's appeal is dismissed due to his death. The issues of rating varicose veins and TDIU are not addressed as the appellant has died.

The Board has decided to remand the cases for further development regarding the Veteran's claims of service connection for mitral valve prolapse and benign familial myoclonus. The remand includes obtaining curriculum vitae (CV) from certain examiners, determining the identity of a specific medical examiner, and verifying whether Dr. T.S. is still employed by VA.

The Board has remanded the case due to incomplete examination and additional development is needed before further action can be taken on the increased rating claim for left distal fibular fracture residuals.

The Board denied service connection for the cause of the Veteran's death due to lack of evidence linking active service to his suicide.

The Veteran's death was caused by sepsis, which resulted from surgery to treat his service-connected back disability. The Board found that the preponderance of evidence supports service connection for the cause of death.

The Board denied the Veteran's claim for service connection for a parotid gland tumor, finding that there was no evidence to support his contention of exposure to herbicides during service and insufficient evidence linking his current condition to service.