Other conditions Board decisions

The Veteran's neurologic tic has worsened, and a new VA examination is needed to assess its current severity.

The Veteran's arteriosclerotic occlusive disease resulted in claudication on walking less than 25 yards at two miles per hour and persistent coldness of the extremity as of December 11, 2014. The Board granted a disability evaluation of 60 percent disabling for both left and right leg arteriosclerotic occlusive disease effective from that date.

The Board dismissed the appeal due to the appellant's death, as claims do not survive their deaths. The issue of TDIU is dismissed.

The Board has denied retroactive work-study education benefits and remanded the issue of education benefits under VRAP for further development.

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).