Other conditions Board decisions

The Board has remanded the claims for service connection and compensation under 38 U.S.C. § 1151 due to concerns about the relationship between the Veteran's service-connected back condition and his bone cancer, as well as whether his prostate cancer residuals were properly monitored by VA.

The Board has determined that the Veteran's death was caused by his service-connected carcinoma of the pancreas, which is considered a direct result of in-service exposure to burning fires and fumes. The Board found the evidence in equipoise regarding this claim.

The Board has remanded the case due to conflicting findings regarding the nature and etiology of the Veteran's pulmonary disability, including interstitial lung disease. Further VA examination is needed to determine if any identified disabilities are related to service exposure to herbicide agents and jet fuels.

The Veteran's bilateral dry eye syndrome and left eye vitreous floaters are currently rated as 20 percent disabling, effective June 8, 2016. The appeal for a higher rating is denied. Service connection for headaches remains remanded.

The Board has decided that the appellant's character of discharge does not constitute a bar to payment of VA benefits, but finds remand necessary for further development regarding his application for an upgrade to his discharge.

The Board denied service connection for basal cell carcinoma and squamous cell carcinoma, finding that the conditions were not incurred or aggravated by service and did not have a nexus to herbicide exposure.

The Board has decided that the Veteran's sickle cell thalassemia and associated residuals, as well as his TDIU claim, need further investigation and evidence collection before a final decision can be made.

The Board denied a request for an earlier effective date of March 17, 2017 for a 10 percent rating for service-connected deformity of the nose. The Veteran's appeal was withdrawn in October 2011 and he filed his claim for increase on September 21, 2017.

The Board denied the Veteran's claim for an effective date prior to September 13, 2017 for a 60 percent rating for obstructive lung disease as it was not factually ascertainable that his condition increased in severity to warrant such a rating before then.

The Board has remanded the case due to inadequate consideration of the Veteran's lay statements regarding his scars and their severity.

The Board found that the apportionment of the Veteran's VA compensation benefits to the appellee in the amount of $365.00 per month effective from July 1, 2018 to January 1, 2020 was not proper due to insufficient evidence showing the Veteran was not reasonably discharging his responsibility for the child's support and that granting a special apportionment would cause undue financial hardship on the Veteran.

The Board found that the apportionment of the Veteran's VA compensation benefits to the appellee in the amount of $365.00 per month effective from July 1, 2018 to January 1, 2020 was not proper due to insufficient evidence showing the Veteran was not reasonably discharging his responsibility for the child's support and that granting a special apportionment would cause undue financial hardship on the Veteran.

The appellant is ineligible for direct payment of attorney fees due to the lack of a valid fee agreement filed within 30 days of execution. The Board found that the April 2018 fee agreement did not meet the requirements set by VA regulations.

The Board found that the apportionment of the Veteran's VA compensation benefits to the appellee in the amount of $365.00 per month effective from July 1, 2018 to January 1, 2020 was not proper due to insufficient evidence showing the Veteran was not reasonably discharging his responsibility for the child's support and that granting a special apportionment would cause undue financial hardship on the Veteran.

The Board has granted service connection for the Veteran's left ear cauliflower ear, finding that it began during active service and is related to his military activities.

The Board found that the apportionment of $900.00 per month for the Veteran's minor children caused undue financial hardship to him, and thus denied the appeal.

The Board denied the veteran's claim for payment or reimbursement of medical services provided by the appellant on February 13, 2020, as there was no VA authorization for such services.

The Board has granted service connection for a heart disability (cardiomyopathy) as secondary to the Veteran's service-connected diabetes mellitus. The diagnosis of cardiomyopathy was found to be aggravated by the service-connected diabetes.

The Board has remanded the claims due to inadequate medical opinions regarding the etiology of the Veteran's neurological disorders of the right and left upper extremities, specifically carpal tunnel syndrome (CTS) and ulnar sensory neuropathy. The case needs to be reviewed with a new VA examiner who will provide opinions on whether these conditions are related to service or any other condition.

The Board has dismissed the DIC claim as the surviving spouse did not meet the eligibility requirements due to her marriage being less than one year prior to the Veteran's death. The appeal is also dismissed for lack of jurisdiction regarding service connection and accrued benefits.