Other conditions Board decisions

The Veteran's death certificate indicates he was divorced, and the appellant has provided inconsistent statements regarding her relationship with the Veteran. The Board found that there had not been continuous cohabitation between them from the date of marriage to the date of the Veteran’s death.

The appeal was dismissed due to the Veteran's death, and no jurisdiction remains for further action.

The Board has remanded the case due to unclear communication regarding the Veteran's employment history, which is necessary for determining his eligibility for a TDIU.

The Veteran's claim for an initial compensable rating for gastritis is remanded due to the need for additional development, including obtaining records from a March 2006 upper endoscopy and providing a VA examination.

The Board has found that the Veteran's February 2013 VA examination was not adequate due to inconsistent findings and instructed the RO to request treatment records related to a possible neurophthalmology evaluation. The RO did not comply with this directive, so the claim is being remanded for further development.

The Veteran's claim for service connection for unspecified mood disorder was granted effective July 25, 2016.,A 50% rating was granted for the period prior to August 27, 2018.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board found that the overpayment of VA compensation benefits was validly created due to the Veteran's failure to notify VA of his divorce from T.D., and thus, the appeal is denied.

The Board has remanded the service connection claims for a nerve disorder of the right and left arm, to include as secondary to service-connected cervical spine degenerative joint and disc disease. The claims are being remanded due to lack of substantial compliance with previous remand directives regarding obtaining relevant medical records.

The Board denied service connection for fatigue, joint pain, and bilateral foot problems as there was insufficient evidence to establish a qualifying chronic condition under 38 C.F.R. § 3.317 or direct service connection.

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

The Board denied the Veteran's appeal regarding overpayment of dependency compensation benefits and service connection for an unspecified condition. The decision found that the creation of the overpayment was valid, as the Veteran should have known he was receiving incorrect payments due to his child reaching the age of 18.

The Veteran's proctalgia fugax is granted with a 10% rating. The issue of TDIU prior to June 28, 2017 is remanded due to insufficient development. The issue of TDIU beginning June 28, 2017 is dismissed as moot.

The Board denied an earlier effective date for a 60% rating for atrial septal defect with Amplatzer device closure due to the lack of evidence showing the Veteran's heart disability met the criteria for such rating prior to June 8, 2018.

The Board denied service connection for the cause of the Veteran's death, finding that his myocardial infarction was not related to service and concluded that VA treatment did not contribute to his death.

The Veteran's cause of death was listed as cardiac arrhythmia, hypertrophy of the heart, and congestion of the lungs. The Board found that these conditions were not related to his active duty service or exposure to herbicides.

The Veteran's MRSA infection is not considered a qualifying additional disability resulting from VA treatment, and the Board finds that it was not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA personnel. Therefore, compensation under 38 U.S.C. § 1151 is denied.

The Board has decided to remand the Veteran's claim of service connection for a sleep disorder, as secondary to his service-connected PTSD. The decision is due to insufficient data and the need for further examination.

The Veteran's TDIU rating is granted, effective from March 5, 2012. The Board found that the Veteran was unable to obtain or maintain gainful employment due to his service-connected panic disorder with agoraphobia since April 9, 2008.

The Board partially vacated its May 4, 2020 decision regarding the waiver of overpayment of VA compensation benefits. The issue of whether the debt was properly created is still under review.