Other conditions Board decisions

The Veteran's appeal for a rating in excess of 10 percent prior to May 31, 2019 and in excess of 20 percent thereafter for intervertebral disc syndrome (IVDS) has been dismissed due to the Veteran withdrawing his request for a Board hearing.

The Veteran's appeal is being remanded to address his challenge to the validity of the overpayment amount and his claim for apportionment of benefits. The Board cannot proceed with these issues until they are resolved.

The Veteran's cause of death, esophageal cancer, is found to be related to his in-service herbicide exposure (Agent Orange). The Board grants service connection for the cause of death.

The Board denied a further dependency allowance for the Veteran's son, G, as he was over 23 years old and not pursuing education at an approved institution.

The Board dismissed the appeal because the appellant requested to withdraw their appeal before a decision was made.

The Board denied the appellant's request for an effective date prior to November 1, 2018 for the award of an apportionment of the Veteran's VA compensation benefits. The decision was based on the fact that the previous denial became final due to the untimely submission of a notice of disagreement and the subsequent grant of the reopened claim.

The Veteran's overpayment claim was dismissed because the Veteran died before he could file a notice of disagreement, and thus there is no case or controversy for appellate consideration.

The Board has remanded the case due to a failure to obtain an assessment of the Veteran's radiation exposure during service, which is required for service connection.

The Board has determined that new and relevant evidence has been submitted to support the Veteran's claims for service connection for a mouth and/or jaw disability and left foot strain. The cases are being remanded for further examination and opinion.

The Veteran's spouse is granted entitlement to a government-furnished headstone or grave marker as the Veteran died after November 1, 1990 and was buried in a private cemetery. The VA previously provided a marker but it was destroyed during reinterment. As all criteria were met, the claim for a government-furnished marker is granted.

The Board has decided to remand the case due to a need for additional examination and medical opinion regarding the Veteran's claim of service connection for an adjustment/mood disorder as secondary to his service-connected back/spine disability.

The Veteran is seeking an earlier effective date for his award of total disability rating for individual unemployability (TDIU) due to service-connected disabilities. The Board has determined that the AOJ made a pre-decisional error in not obtaining clarification from his former employer regarding his employment status prior to October 26, 2016.

The Board has determined that the Veteran's left and right hip arthritis are service-connected as they are proximately due to or aggravated by her service-connected back, bilateral knee, and lower extremity radiculopathy.

The Board has granted service connection for a liver disorder on the basis that it is proximately due to or the result of the Veteran's service-connected PTSD. The evidence is at least in equipoise as to whether the current liver disorder was caused by alcoholism, which is linked to the service-connected PTSD.

The reduction of the 60 percent rating for ulcerative colitis was improper, and the 60 percent rating is restored. The Board also found a need to remand the issue of entitlement to a TDIU due to incomplete examination reports.

The Board denied the Veteran's appeal for a waiver of recovery of an overpayment of VA improved pension benefits, finding that total recovery would not violate principles of equity and good conscience.

The Veteran's TMJ disorder with loss of teeth #7 and #10 is currently rated as noncompensably disabling. The Board denied an initial compensable rating for these conditions based on the lack of evidence showing interincisal range limited to less than 46 millimeters or lateral excursion limited to less than 6 millimeters.

The Board dismissed the appeals for a rating in excess of 10 percent for metatarsalgia of the right foot, an earlier effective date for service connection, and nonservice-connected pension benefits due to the Veteran's death.

The Board has remanded the case due to a need for additional development, including obtaining an addendum opinion from the VA examiner who previously reviewed Dr. C.'s April 2019 statement.

The Board has remanded the case due to lack of substantial compliance with its previous directives, including obtaining a VA examination and medical opinion regarding the Veteran's employability. The Veteran is asked to provide updated information on his employment history, particularly from Walmart’s Iron Mountain facility and Lowe's.