Other conditions decisions — 2018

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination. The Veteran's right hip disorder is being reviewed to determine if it was present before service or if it developed during service.

The Veteran's claim for service connection for a history of myocardial infarction, claimed as a heart attack, is denied because there is no current diagnosis or evidence of such condition during his military service.

The Veteran withdrew his appeal regarding the issue of service connection for a duodenal ulcer.

The Veteran's PTSD evaluation remains at 50 percent, but the Board has determined that a new VA examination is needed to assess the current severity and manifestations of his service-connected PTSD.

The Board has granted retroactive compensation benefits on dependency for the Veteran's deceased spouse, child, and child based on evidence previously of record.

The Board found that the Veteran's current right and left knee disabilities are not related to service, as there is no evidence of a chronic disability present during or within one year after service. The VA examiner opined that the current disabilities are more likely due to post-service injuries.

The Board has remanded the Veteran's death claim due to a lack of medical opinion regarding herbicide exposure and treatment records. The pension claim is also remanded for issuance of a statement of the case.

The Board denied the appellant's claims for service connection for cause of death and recognition as a helpless child due to lack of new and material evidence, and because she was not permanently incapable of self-support before reaching the age of 18.

The Board denied the Veteran's claim for an extension of a temporary total evaluation beyond September 30, 2012 based on convalescence following his March 1, 2012 right foot surgery due to lack of competent medical evidence showing continued recovery.

The Veteran's application for TDIU was denied as he has been substantially gainfully employed since 1997, and his current employment does not meet the criteria for TDIU.

The Board denied waiver of recovery for overpayments in the amounts of $360.00, $916.56, and $156.23 due to fault on the part of the appellant and found that repayment would not create undue hardship or defeat the purpose of the benefits. The Board also found it against equity and good conscience to require repayment for an overpayment in the amount of $1729.41.

The Veteran's claim for a rating in excess of 10 percent for TMJ disorder is being remanded due to the need for additional development, including a VA examination and consideration of updated treatment records.

The Board has granted service connection for sleep disturbances and is granting a compensable rating for left great toe degenerative joint disease. The issues of entitlement to service connection for right upper extremity arthralgia with numbness and tingling, entitlement to service connection for erectile dysfunction, entitlement to an initial compensable rating for left elbow epicondylitis, medial and lateral, and entitlement to a compensable rating for bilateral hearing loss are addressed in a separate decision.

The Veteran's stroke and its residuals are found to be additional disabilities caused by VA's prolonged discontinuance of his hypertension medications, despite the presence of elevated blood pressure readings. The appeal is granted with a rating of 50 percent for the period from March 1, 2010 through May 4, 2011.

The Veteran's appeal is remanded for additional development, including obtaining VA Vocational Rehabilitation records and scheduling a new examination to assess the severity of his dysthymic disorder. The case will also be reviewed by the Director, Compensation Service for consideration of TDIU on an extra-schedular basis.

The Board denied the Veteran's claims for service connection for a neck disorder and hip disorder, finding no evidence of a direct relationship to his military service or any other service-connected condition.,The Veteran was also denied an initial compensable rating for left shoulder scarring prior to April 7, 2017, and in excess of 10 percent thereafter. The Board found that the scar did not meet the criteria for a higher rating.

The Board has granted service connection for chronic suppurative otitis media, manifested by dizziness and imbalance, as secondary to the Veteran's service-connected chronic left ear tympanic membrane perforation.

The Board has determined that the Veteran's current right leg disability, including a neurological disability, is not related to his service. The preponderance of evidence does not support a finding of service connection.

The Veteran is entitled to an effective date of February 2, 2016 for the award of special monthly compensation based on the need for aid and attendance due to service-connected residuals of cold injury.,The Veteran is also entitled to an effective date of February 2, 2016 for the award of special monthly compensation under 38 U.S.C. § 1114(p) and 38 C.F.R. § 3.350(f)(3), based on his service-connected residuals of cold injury and a separate service-connected disability (PTSD).

The Veteran's claim for a higher initial disability rating for CVA with aphasia and complaints of numbness of the left side of the body was denied as his symptoms did not meet the criteria for a higher rating under the applicable VA Rating Schedule.