Other conditions decisions — 2018

The Board has granted service connection for a dysthymic disorder, finding that it is proximately due to the Veteran's service-connected sarcoidosis with restricted lung disease.

The Veteran's loss of vision, resulting from cataract surgery at VA on June 16, 2011, is not considered a qualifying additional disability for compensation under 38 U.S.C. § 1151.

The Veteran's cerebellar hemorrhage stroke is found to be etiologically related to his service-connected coronary artery disease, and the claim for service connection is granted.

The Board has granted service connection for a left inguinal hernia, finding that the condition was not present prior to service and had its onset during active duty. The Veteran's previous denial of service connection is overturned due to new evidence showing an injury sustained in-service which led to the development of the hernia.

The Board found that the calculation of countable income for non-service-connected pension benefits in 2009 was correct and that an overpayment of $509.00 was validly created. The decision to waive recovery of this overpayment is granted due to equity and good conscience.

The Veteran's eligibility for VA educational assistance benefits under the Post Vietnam Era Veteran’s Educational Assistance Program (VEAP) is in dispute due to conflicting records regarding his participation. The Board has ordered further investigation into the matter.

The Board has remanded the Veteran's claim for service connection for essential tremor of the upper and lower extremities, finding that the previous opinions were inadequate due to a lack of documentation in his service treatment records. The VA must obtain updated VA treatment records from the VAMCs in Asheville and Salisbury, North Carolina, and return the file to the examiners who provided the April 2017 and August 2017 opinion for further evaluation.

The Veteran's left eye retinopathy and bilateral cataracts are currently rated at 10 percent, but the Board finds that they do not warrant a higher rating as there is no evidence of incapacitating episodes or significant visual impairment.

The Veteran's appeal is remanded for further evaluation of his residuals of partial laryngectomy and loss of taste, as the current evaluations do not account for all manifestations of these conditions.

The Board has decided to remand the Veteran's claims for a higher rating for his service-connected eye disorder, specially adapted housing, and special home adaptation grant due to insufficient evidence from the most recent VA examination. The Veteran's visual impairment is central to these claims.

The Board has determined that the Veteran's gout is related to his active service, and thus grants service connection for this condition.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's deep venous thrombosis disability is caused by or aggravated by his service-connected right ankle injury. The case will be returned for further examination and opinion.

The Veteran's service-connected chronic bilateral conjunctivitis is rated at 10 percent and the Board has determined that it does not warrant a higher rating as his condition does not show worsening in visual acuity, muscle function or visual field.

The Board granted a waiver of recovery for the overpayment of VA improved pension benefits in the amount of $13,566 from February 1, 2009 to May 31, 2011. The decision was based on the Veteran's financial hardship and lack of fault due to his disabilities.

The Board has determined that the Veteran's mood disorder is a result of his service-connected tinnitus, and thus grants service connection for this condition.

The Veteran's gallbladder condition, including removal and subsequent complications, was not incurred in service or due to exposure to herbicide agents. The Board found that the evidence does not support a finding of service connection for this disability.

The Veteran's service-connected kyphosis with degenerative osteoarthritic changes and scoliosis of the thoracic spine is rated at 20 percent, effective March 9, 2009. The Board denied an extraschedular evaluation for this condition prior to September 1, 2009, as the symptomatology and occupational impairment are specifically contemplated by the schedular criteria.

The Veteran's claims for increased ratings for coccidioidomycosis and residuals of wedge resection of the left lower lobe, to include scars, are remanded due to incomplete medical records and need for updated examinations.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is remanded. The Board noted that the Veteran did not meet the schedular requirements for TDIU under 38 C.F.R. § 4.16 (a) at that time and directed that the Veteran’s claim be referred to the Director of Compensation and Pension Services for extraschedular consideration.

The Board has remanded the case due to additional evidence that needs to be considered.