Other conditions decisions — 2018

The Board denied the Veteran's request for waiver of overpayment of VA compensation benefits, finding that recovery would not be against equity and good conscience due to lack of undue hardship and unjust enrichment. The debt was incurred during a period when the Veteran received concurrent military pay.

The Veteran's TDIU claim is granted as his combined rating has been at least 70% for the entire period on appeal, and he is unable to obtain and maintain substantially gainful employment due to service-connected disabilities.

The appeal was dismissed due to the Veteran's death, and no service connection is granted.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for stroke with blurred vision in the right eye and loss of vision in the left eye due to VA treatment is denied because there is no evidence that his stroke was caused by or related to any care provided by VA.

The Veteran's osteopenia/osteoporosis of the right hip is currently rated at 10 percent, and his impairment of the thigh of the right hip was increased to 10 percent after October 8, 2015. The disability rating for limitation of flexion of the right hip remains noncompensable.

The Veteran's service-connected other specified trauma and stressor related disorder is granted a 50% rating, effective from the date of the August 31, 2015 grant of service connection. The reduction of the CAD disability rating was found to be improper, and the original 60% rating is restored.

The Veteran's athlete’s foot and degenerative joint disease of the right thumb are granted service connection as their conditions are at least in equipoise with service origin.

The Veteran's right leg disability is being remanded for further examination and evaluation due to the inadequacy of the April 2014 VA examination.

The Board has determined that there are issues related to determining if the Veteran receives SSA income and military retirement pay, verifying the Appellant's dependency status throughout the appeal period, and reconsidering the amount of apportionment based on updated financial information. The matter is being remanded for these actions.

The Board has reopened the claim for service connection for acute cystitis due to new and material evidence, but the issue is remanded for further development.

The Veteran's son, L.M. III, was not recognized as a helpless child due to permanent incapacity for self-support prior to reaching the age of 18 years.

The Board denied the Veteran's claim for non-service-connected disability pension benefits because he did not provide his spouse's income, net worth and medical expenses information as required by VA regulations. The Veteran and his spouse live together but the Veteran has not provided this necessary information.

The Board has granted service connection for chronic sacroiliac pain, finding that it is proximately due to the Veteran's service-connected right knee disability.

The Board denied service connection for alopecia (male pattern baldness) as the evidence did not show a nexus to active service, and the Veteran's current hair loss is attributed to known clinical diagnoses.

The Board has remanded the case due to incomplete records, including those from Fort Leonard Wood Army Hospital and private cardiologist visits. The Veteran's aortic valve replacement is considered for service connection.

The Veteran's pitting edema of the lower extremities is related to his service-connected hypertension, but a VA examination is needed to determine its severity and whether it warrants separate evaluation.

The Board denied service connection for urinary incontinence as secondary to service-connected diabetes mellitus, type II. The Veteran's bowel incontinence is remanded due to inadequate examination report and the need for a new one.

The Veteran's varicose veins of the left lower extremity were rated at a maximum of 20 percent from February 14, 2011 to April 23, 2012. Prior to this date, his symptoms did not meet the criteria for a higher rating.

The Board has granted service connection for undiagnosed illnesses manifested by left and right calf pain and cramps, finding that the Veteran's symptoms had their onset during his service in the Southwest Asia theater of operations.

The appeal for an effective date prior to September 19, 2014 for death pension and aid and attendance has been dismissed due to the appellant's death.