Other conditions Board decisions

The Board has decided to remand the case due to a lack of an opinion linking any diagnosed dental disability to service. A VA examination is needed to determine if there is loss of substance in the mandible, which could be related to a past injury during active duty training.

The Board denied the appellant's claim for VA home loan guaranty benefits as he did not meet the basic eligibility requirements due to his discharge prior to completing six years of service in the Army National Guard.

The Veteran's death was attributed to diffuse large cell B-lymphoma, which is a covered herbicide disease. The appellant did not file an accrued benefits claim within one year of the Veteran's death due to changes in legal criteria regarding service connection for certain diseases.

The Board has determined that the Veteran's current respiratory condition is at least as likely as not related to his service, including exposure to asbestos, chemical solvents, and second-hand smoke during active duty. As a result, the claim for service connection for a respiratory condition is granted.

The Board has granted the appellant's motion to have her case advanced on the docket and recognized J.G. as the Veteran’s dependent child for VA purposes.

The Board has remanded the case due to uncertainty about whether the Veteran was exposed to herbicides during service, and for a medical opinion regarding potential exposure to toxins. The appeal is not about service connection.

The Board has decided to remand the Veteran's claims for bilateral patellar tendonitis with DJD as they are seeking a higher disability rating, and additional evidence is needed due to the passage of time since their last examination.

The Veteran's death was caused by adenocarcinoma of the prostate, which is related to his in-service exposure to environmental toxins. The Board has granted service connection for the cause of the Veteran’s death.

The Veteran's initial rating for TMJ prior to October 15, 2019 was denied as it did not meet the criteria for a higher rating. From October 15, 2019, her rating of 40 percent is also denied.

The Board found that the overpayment of educational benefits was not properly created due to incorrect information provided by the school, and thus the debt is invalid.

The Veteran's service-connected status post L5 anterior wedge compression fracture has been rated at 20 percent, and the Board denied a higher rating as his range of motion is not limited to less than 30 degrees or ankylosis.

The Board has granted service connection for a left testicle disorder, finding that the Veteran's current condition is related to his exposure to herbicides during service.

The Board has remanded the claim for service connection for a back disability, as the previous denial was based on lack of evidence linking the current condition to service. The Veteran needs to provide VA with his medical records and undergo an examination to determine if his current back issues are related to his military service.

The Board has determined that remand is necessary for several issues related to the Veteran's lower back strain, left knee condition, bilateral foot condition, and service connection claims. The decision also includes a remand for the total disability rating based on individual unemployability claim.

The Veteran's left hip rating has been restored to 20 percent, effective February 16, 2010. The reduction from 20% to 10% was upheld as there is no actual improvement in the Veteran’s disability level.

The Board found that the rate of nonservice-connected pension benefits was correctly calculated from January 1, 2014, to June 1, 2017. The claim for an increased rate pension is denied.

The Board has decided to remand the case due to unclear medical opinions and missing VA records. The Veteran's left eye disorder may have resulted from his October 2011 surgery, but it is not clear if this was a foreseeable outcome or caused by negligence.

The overpayment of education benefits under Chapter 30 (MGIB) in the calculated amount of $15,876.37 was validly created due to the Veteran's failure to maintain satisfactory attendance at a beauty school.,The overpayment of education benefits under Chapter 33 (Post-9/11 GI Bill) in the calculated amount of $3,019.42 was also validly created because the Veteran withdrew from his program without meeting the required conditions for such withdrawal.

The Board has determined that additional development is needed to determine if the Veteran was exposed to radiation during service, which could potentially qualify him for service connection for basal cell carcinoma. The case will be remanded for this purpose.

The Board has decided to remand this case for further evidentiary development, specifically obtaining the Veteran's VA Vocational Rehabilitation and Education (VR&E) records. The attorney requested a 60-day stay prior to certification of the appeal to the Board but this request is moot as jurisdiction was transferred from the AOJ to the Board.