Other conditions Board decisions

The Veteran's service-connected disabilities rendered him unemployable prior to March 4, 2005. The Board granted TDIU for this period.

The Board has remanded the Veteran's claims for service connection for residuals of nasopharyngeal cancer and cerebrovascular accident (CVA) due to herbicide agent exposure. The VA is required to obtain an addendum opinion from a physician regarding the etiology of these conditions, specifically addressing whether they are related to in-service herbicide agent exposure.

The Board has granted compensation under 38 U.S.C. § 1151 for soft tissue disorder residuals of pain, stiffness, fibrotic area and limited motion of the left hip girdle, fibrotic areas and enlargement of the left thigh, which is considered an unforeseen result of a VA morphine injection.

The Board found that the Appellant's August 2007 Notice of Disagreement (NOD) did not constitute a notice of disagreement with respect to her claim for death pension benefits, but rather was a notice of disagreement regarding her status as a surviving spouse. The Board determined that this NOD initiated an appeal on the issue of her status as a surviving spouse and not on the underlying claim of entitlement to death pension benefits.

The Board has decided to remand the case due to inadequate examination and needs a new opinion on whether the Veteran's prostate disorder is related to in-service herbicide exposure.

The Board has granted an effective date of June 8, 2016 for the award of nonservice-connected pension based on clear evidence that the Veteran filed an Intent to File a claim for pension in June 2016, which was miscoded as a compensation claim. The presumption of regularity is rebutted by clear evidence indicating irregularities in VA's handling of the correspondence.

The Board has denied the Veteran's claim for service connection for a left leg disorder, including Charcot Marie Tooth disease, finding that her pre-existing condition did not worsen during service and was not caused by or aggravated by any service-connected disability.

The Board denied the Veteran's claim for service connection for residuals of a superficial parotidectomy with 7th nerve dissection, claimed as mass on right side of face, finding that there is no evidence to support a link between his current condition and his military service.

The Veteran's claims for increased rating, service connection, and TDIU have been remanded due to the need for additional examinations and medical opinions.

The Board has decided to remand the Veteran's claim of service connection for a prostate disability, as it is insufficiently resolved and requires additional development.

The Board has granted the appeal, finding that the overpayment of VA pension benefits was not properly created due to sole administrative error and is therefore waived.

The overpayment of VA compensation benefits prior to December 1, 2013 was not properly created due to a retroactive reduction in the compensation rate. The overpayment of VA compensation benefits after December 1, 2013 was not properly created due to the reduction in the compensation rate. Both appeals are granted.

The Board has granted service connection for a skin condition, finding that the Veteran's current diagnosis of fungal skin rash had its onset in service and is related to his active duty service in Vietnam where he was exposed to Agent Orange.

The Veteran's claim for initial ratings for residuals of fractures of the right and left feet has been granted.,The Veteran's bladder disorder claim is remanded due to insufficient medical opinion regarding its etiology.

The Veteran's claims for higher ratings and a compensable rating for his right shoulder scar are being remanded due to the need for additional development, including obtaining SSA records. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination and consideration of whether evaluation should be under different diagnostic codes.

The Veteran's prostate cancer disability is being remanded for a new VA examination to assess the current level of his service-connected condition.

The Board has remanded the Veteran's claims for service connection for a skin disability and a right eye condition due to inadequate medical opinions. The VA is required to obtain addendum medical opinions addressing whether the Veteran's conditions are related to his active service, including exposure to herbicide agents, and whether they were caused or aggravated by his service-connected disabilities.

The Board denied the Veteran's claims for service connection for brain thrombosis, left upper extremity paralysis, and left lower extremity paralysis as they are not related to his military service or a service-connected disability.

A 20% rating has been granted for DJD of the right hip with limitation of flexion of the right thigh as of December 11, 2020. The Veteran's disability picture due to limitation of flexion more closely approximates the criteria for a 20 percent rating.