Other conditions decisions — 2018

The Board has decided to remand the case due to a need for additional medical examination and opinion regarding the cause of the Veteran's blindness following left eye surgery. The issue is not about service connection, but rather compensation under 38 U.S.C. § 1151.

The Board has remanded the case due to insufficient reasoning in its March 2016 decision regarding service connection for a dental condition. The U.S. Court of Appeals for Veterans Claims (CAVC) found that the Board failed to provide an adequate statement of reasons or bases, and ordered the AOJ to undertake appropriate developments to obtain any outstanding service treatment records regarding the Veteran’s in-service dental treatment.

The Board has denied service connection for TMJ disc displacement and a claim for an evaluation in excess of 20 percent for the Veteran's right middle and index finger disability. The latter issue is remanded for further examination.

The Veteran's disability, accessory nerve palsy with atrophy of the right trapezius and partial separation of the right acromioclavicular joint, is currently rated as 20 percent disabling. The Board found that this rating was appropriate given the current range of motion and lack of complete paralysis.

The Board denied service connection for abdominal pain, hydrocele, and epididymitis as these conditions were not shown to be related to active service or a service-connected disability.

The Veteran's appeal for service connection for ocular histoplasmosis as secondary to his service-connected histoplasmosis was denied. The claim for service connection for pars planitis, cystoid macular edema of both eyes (previously claimed as cataracts) as secondary to histoplasmosis was also denied due to lack of new and material evidence. The Veteran's appeal for a TDIU based on his service-connected disabilities was denied.

The Board has remanded the cases for further action due to a finding that the Veteran's challenge to the amount of overpayment debt is reasonable. The validity of the overpayment must be determined first before considering whether a waiver of recovery should be granted.

The Board denied the Veteran's claim for service connection for a skin disorder, including cysts, rashes, and nodules, to include as a result of Agent Orange exposure. The evidence did not support a finding that the Veteran’s current skin condition began during service or was related to his in-service exposure to Agent Orange.

The Veteran's right thumb disability has been rated at 10 percent since the appeal period began, based on complaints of pain and limited motion. The Board found that a higher rating was not warranted due to lack of evidence of more than two inches gap between the thumb pad and fingers.

The Board denied the claim for service connection for cause of death due to metastatic squamous cell carcinoma, finding that there was no direct evidence linking the condition to service or exposure to herbicides.

The Veteran's service-connected right and left bilateral fasciitis have been granted a rating of 20 percent each, effective from the date of the decision. The issues of rating in excess of 20 percent for lumbar spine osteoarthritis and degenerative joint disease of the bilateral knees are being remanded.

The Board has remanded the case due to insufficient information about the extent of the Veteran's skin disorder. A new VA examination is needed to provide this information.

The Board granted payment of unauthorized medical expenses on October 8, 2013, but denied it for October 9, 2013. The decision is based on the VA clinician's determination that the Veteran could not have been transferred to a VA facility for continued treatment.

The Board found that the appellant's discharge from active duty was due to willful and persistent misconduct, not insanity. The appeal is denied.

The Board found that the appellant's discharge from active duty was due to willful and persistent misconduct, not insanity. The appeal is denied.

The Board has found that a new VA examination is necessary to comply with recent court decisions and remand instructions. The Veteran's claims for increased ratings are being returned to the agency of original jurisdiction (AOJ) for further development.

The Veteran's appeal for service connection for residuals of chlamydia and related conditions was dismissed as the Veteran withdrew his appeal, and there is no evidence of current disability.

The Board found that the reduction in VA disability compensation benefits due to concurrent receipt of active service drill pay for FYs 2004, 2005, 2007, and 2008 was proper.

The appeal has been withdrawn by the appellant's authorized representative before a decision was made.

The Veteran's claim for service connection for dental deterioration, claimed as secondary to his service-connected GERD, is denied as there is no current ratable dental condition.