Other conditions Board decisions

The Board has determined that the previous VA examinations were not adequately addressed and a new examination is needed to assess the current severity of the Veteran's knee disabilities, specifically during flareups and after repetitive use.

The Board denied the Veteran's claim for service connection for chronic myelogenous leukemia, finding no evidence of the condition during or immediately after service and noting that there was insufficient medical opinion linking it to herbicide exposure.

The Board has decided to remand the case due to insufficient evidence regarding the diagnosis and service connection for TMJ. The Veteran's history of dental issues, including a mouth guard used for symptom alleviation, is noted.

The Veteran's appeals for increased evaluations and service connection are being remanded due to procedural errors. The AOJ must obtain updated VA treatment records, request private medical records, schedule the Veteran for a VA examination, and readjudicate the issues in light of the totality of the evidence.

The Veteran's eye disability claim is being remanded due to the need for a VA examination with visual field testing.

The Board dismissed the appeal as the claim for a waiver of indebtedness was granted in full by the VA Committee of Waivers and Compromises.

The Board found that the appellant's discharge from military service was due to willful and persistent misconduct, constituting a bar for VA benefits.

The Board denied the Veteran's claim for service connection for a respiratory disability, including as due to in-service exposure to herbicides, asbestos and petrochemicals. The evidence did not support a finding of direct service connection.

The Board has granted service connection for bilateral pinguecula but denied service connection for a disorder of either eye, other than bilateral pinguecula. The Veteran's posterior synechiae and traumatic cataract in the right eye are found to have existed prior to his active duty service.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA pension benefits, finding that recovery would not be against equity and good conscience due to the Veteran's financial situation.

The Board has restored the Veteran's disability rating for heart issues from 60% to 60%, effective October 1, 2018. The reduction was improper due to lack of evidence showing actual improvement in the Veteran’s ability to function under ordinary conditions.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of his claim.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) was denied. The case is dismissed due to the appellant's death.

The Board dismissed the appeal because the appellant died during the pendency of the appeal, and thus has no jurisdiction to adjudicate the merits.

A 30 percent disability rating is granted as of May 14, 2019, for both left and right hallux valgus post-operative with history of second toe amputation. The effective dates for these ratings are October 25, 2010, and November 1, 2011 respectively.,The preponderance of the evidence is against finding that the Veteran's service-connected left and right hallux valgus were productive of severe symptoms from October 25, 2010 to May 13, 2019.

The Board has granted the appellant's claim for an apportionment of the Veteran’s unpaid VA compensation benefits during his incarceration, finding that she had individual need for these benefits and that they would not result in hardship to the Veteran.

The Board denied service connection for postphlebitic syndrome and varicose veins, finding that the Veteran does not have these conditions or they are not related to his service.

The Board denied the claim for service connection for the cause of the Veteran's death and dismissed the DIC appeal. The cause of death was listed as cardiopulmonary arrest due to bladder cancer, which is not related to active service.

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse, finding that she did not meet the criteria for a valid common law marriage or an otherwise 'deemed valid' marriage due to lack of continuous cohabitation with the Veteran until his death.

The Veteran's left biceps tendon tear is denied as the proximate cause was not carelessness, negligence, lack of proper skill, error in judgment or similar incident of fault on VA's part.