Other conditions decisions — 2018

The Board denied compensation under 38 U.S.C. § 1151 for bilateral lower extremity numbness and right calf muscle spasms incurred as a result of VA surgical treatment for the Veteran’s lumbar spine at the West Los Angeles VAMC in October 2004, finding that the evidence did not demonstrate carelessness or negligence on the part of VA.

The Board denied a claim for an initial compensable rating for the Veteran's left little finger disability, finding that there was no evidence of functional loss or ankylosis.

The Board has remanded the case due to uncertainty regarding the Veteran's current educational status and enrollment in courses towards a master’s degree. The claim will be reconsidered with updated records.

The Veteran's service-connected degenerative joint disease of both feet is being remanded for a more contemporary evaluation due to the lack of recent examination and range of motion assessments.

The Board has remanded the case due to an inadequate statement of reasons and bases for its previous decision, specifically regarding the potential applicability of 38 C.F.R. § 3.52.

The Veteran's bilateral cubital tunnel syndrome resulted in severe incomplete paralysis, warranting a 30 percent rating for the left upper extremity and a 40 percent rating for the right upper extremity.

The Veteran's death was not service-connected, and the appellant did not provide evidence of a pending claim for compensation or pension benefits at the time of his death. The appeal is denied as there are no legal grounds to award burial benefits.

The Veteran's claim for an earlier effective date for the award of service connection for coronary artery disease (CAD) is denied as it was not filed within one year of the June 1985 denial and no new and material evidence was submitted.

The Veteran's appeal is denied as he did not meet the basic eligibility requirements for VA educational assistance benefits due to his general discharge under honorable conditions, which does not qualify him for Chapter 33 education assistance.

The Veteran's appeal for special monthly compensation based on the need for aid and attendance or housebound status has been dismissed due to their passing away.

The Board is remanding the case to determine if the overpayment was properly created and whether a waiver of recovery can be granted.

The Board has remanded the case due to insufficient evidence regarding a current tailbone disorder and its relationship to service. The Veteran is required to undergo another VA examination to determine if he has any current tailbone disorders related to his military service.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's left and right foot disorders, requiring further examination and opinion.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that she did not meet all requirements and held herself out as a former spouse following their divorce.

The Board has granted the Veteran's request to reopen his claim of entitlement to service connection for amblyopia of the right eye and remanded it for further development.

The Board has remanded the case due to insufficient medical opinion regarding the cause of the Veteran's death, specifically larynx cancer.

The Veteran's service-connected disabilities have worsened to the extent that he is unable to perform the duties of his previous occupation as a National Service Officer (NSO) due to his specific employment handicap and capabilities. The Board has granted additional vocational rehabilitation training under Chapter 31, Title 38.

The petition to reopen the claim for service connection for bilateral foot disorder with resection metatarsal and degenerative joint disease (DJD) based on new and material evidence is granted. The issue of service connection for post bunionectomy, right foot is remanded.

The Veteran's claim for a rating in excess of 20 percent for osteophytes of the thoracic spine is denied. The evidence does not show limitation of forward flexion to 30 degrees or less, nor ankylosis of the spine.

The Veteran's left shoulder disability is rated at 30 percent, effective May 8, 2018. The Veteran's left knee disability remains at a 20 percent rating.