Other conditions decisions — 2020

The Board has remanded the case to have the initial determination made by the VHA after any appropriate development is performed, as the adjudication below did not address the benefit sought on appeal.

The Board denied a compensable evaluation for the Veteran's postoperative fibroadenoma of the right breast and papilloma of the left breast, finding that there was no evidence of significant alteration in size or form.

The Board dismissed the issue as the Veteran's spouse, E., was restored to his VA disability compensation award by a January 2020 decision. The appeal is moot due to this resolution.

The Veteran's service does not qualify for nonservice-connected disability pension benefits as he did not serve during a period of war.

The appeal was dismissed due to the appellant's death.

The Board has decided that the record for this case is incomplete and needs to be reconstructed. The AOJ will upload all relevant documentation related to the claim of payment or reimbursement for medical expenses incurred on August 7, 2015.

The Board has remanded the Veteran's claims for mesothelioma and skin disability due to herbicide exposure, as there is new evidence received since the last decision. A VA examination is needed for the skin disability claim.

The Board denied the Veteran's claims for service connection for meningioma, finding that there was no causal relationship between his military service and the condition. The claim based on exposure to ionizing radiation during service was not granted due to insufficient evidence of a significant dose. The Agent Orange exposure claim was also denied as meningioma is not one of the conditions presumed related to Agent Orange exposure.

The Board found that the removal of D.E.H. from the Veteran's compensation award, effective February 1, 2000, was proper and resulted in an overpayment debt.

The Board denied the Veteran's claim for service connection for a left foot condition, including as secondary to his service-connected right foot avulsion fracture. The evidence did not support a finding that the Veteran’s current left foot conditions were incurred in or caused by service.,The VA examiners concluded that there was no direct link between the Veteran's current left foot conditions and his military service.

The Board dismissed the appeal as the Veteran's request for a waiver of recovery of an overpayment of VA compensation benefits was made timely and waived by the AOJ.

The Veteran's appeal is remanded due to incomplete records preventing the Board from determining the pre-tax and post-tax amounts of his military severance pay, as well as the exact amount of deductions executed from his VA benefits. The Veteran will be provided with a table detailing these calculations.

The Board denied a waiver request for overpayment of Post 9/11 GI Bill (Chapter 33) benefits in the amounts of $500.00 for books and supplies and $1,806.93 for housing benefits due to fault on the part of the Veteran.

The Board has remanded the claim for service connection for disorders of the bilateral eyes, including as a result of herbicide agent exposure. The Veteran was previously afforded a VA examination but no opinion was provided regarding the etiology of his eye conditions. The AOJ is requested to obtain an addendum opinion from an appropriate examiner to determine if the Veteran's eye disability is at least as likely as not related to his active military service or otherwise attributable to his presumed herbicide agent exposure.

The Board has decided to remand the claim of service connection for essential tremors due to exposure to Agent Orange during military service. The previous VA opinion was deemed inadequate as it did not address whether the condition could present more than 10 years after exposure, and the examiner should provide an adequate etiology opinion following the directions provided in the earlier Board remand.