Other conditions Board decisions

The Board has granted service connection for the cause of the Veteran's death due to high-grade spindle cell sarcoma, which is presumed to be associated with exposure to herbicide agents (Agent Orange) during his active duty in Vietnam.

The Board has determined that the May 2021 VA examination is inadequate and requires a new examination to assess the severity of the Veteran's right hip strain with avascular necrosis, including during flare-ups and with repeated use over time.

The Board has determined that the decision denying payment of non-VA care provided by Bear Valley Community Hospital on June 20, 2020 was not adequately supported and must be remanded for further action.

The Veteran's death from myocardial infarction is granted as service connection for the cause of death pursuant to the PACT Act, due to exposure at Ubon Airfield in Thailand.

The appeal to terminate the Veteran's nonservice-connected pension benefits is dismissed due to the Veteran's withdrawal of the appeal prior to the Board's decision.

The Board has dismissed the appeal as the claim for payment or reimbursement of non-VA medical services provided by Chanjinel Home Care Service from October 1, 2019, to October 29, 2019, was administratively approved.

The Veteran's death was not recognized as a surviving spouse for VA benefits due to the lack of legal recognition of their common-law marriage in Wisconsin, despite living together for over two decades. The appellant is therefore denied eligibility for VA survivor's benefits.

The Board has remanded the case due to a duty to assist error, and will consider whether in-service exposure to aircraft fuels was a substantial or contributing factor in the Veteran's death.

The Veteran is granted additional VR&E benefits, including an extension of the duration beyond 48 months to complete a program for suitable employment.

The Board denied an earlier effective date for dependency compensation for the appellant as the Veteran's dependent spouse and his stepchildren, S. and S., finding that the earliest claim was received more than a year after their marriage.

The Board dismissed the appeal as the appellant's notice of disagreement was filed more than 60 days after the April 2021 decision denying apportionment.

The Board has dismissed the appeal regarding the contractual payment rate for home health services provided to the Veteran, as the applicable statute and regulation governing VCA disputes do not contemplate Board review of such payments.

The Board denied the Veteran's appeal as the reduction of his disability compensation benefits to the ten percent rate due to felony incarceration was proper.

The Board has decided to remand the case due to insufficient information regarding the appellant's participation in toxic exposure risk activities (TERA) that could affect his service connection for gastrointestinal disorders, including gastritis and h. pylori.

The Board has decided to remand the case due to a duty-to-assist error and requests that updated Social Security Administration (SSA) income records from 2019 be obtained.

The Veteran's dizziness with fatigue and sleep disturbance (insomnia disorder) are granted as service connected. The issues of bilateral plantar fasciitis, bilateral knee degenerative arthritis, and low back degenerative arthritis are remanded for further examination.

The Veteran's service-connected bilateral visual field loss and bilateral cataracts with aphakia and intraocular transplant of the left eye were merged effective November 6, 2007. The appeal for a higher disability rating for the bilateral cataracts was denied.

The Veteran's daughter, the appellant, has appealed for nonservice-connected burial benefits and a plot/interment allowance. The AOJ granted these benefits but did not provide the funds to the appellant. The appeal is remanded due to the failure to investigate why the funds were not distributed.

The Board found that the overpayment of VA compensation benefits in the amount of $6,977.00 was properly created due to a retroactive adjustment caused by the removal of the Veteran's spouse from his award. The appeal is denied as the creation of the overpayment was not solely due to administrative error.

The Veteran's appeal for an initial disability rating in excess of 10 percent for bilateral shin splints has been dismissed due to the Veteran's withdrawal of his appeal.