Other conditions decisions — 2018

The Veteran's claim for an initial compensable rating for non-Hodgkin's lymphoma is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's appeal has been dismissed due to his death.

The Board denied service connection for bilateral CTS, left Achilles tendon tear, and an acquired psychological disorder (GAD and MDD) due to lack of probative evidence linking these conditions to the Veteran's military service.

The Veteran's TMJ dysfunction, manifested by inter-incisal range greater than 40 millimeters and lateral excursion greater than 4 millimeters, does not meet the criteria for a compensable rating under Diagnostic Code 9905.

The appeal has been dismissed as the appellant died during the pendency of the appeal and the Board does not have jurisdiction to adjudicate the merits of the case.

The Veteran's chronic left scapular sprain, previously granted service connection for, is rated at 10 percent effective as of December 17, 2012. The condition causes pain and limited motion in the thoracic spine area.

The Board has ordered a remand to obtain an examination and determine if the Veteran's left leg disability is related to his service-connected bilateral foot plantar warts. The examiner will also assess whether the Veteran's left leg disability is aggravated by his service-connected condition.

The Veteran's right hand arthritis is found to be service-connected, with a compensable rating of 10%.,There is no evidence linking the Veteran's left hand arthritis to his military service.

The Veteran's low back disability is currently rated at 20 percent disabling, effective April 1, 2013. The Board finds that the evidence does not support a higher rating prior to this date.

The Veteran's chronic right meralgia paresthetica with lateral femoral cutaneous nerve damage is currently evaluated as noncompensable under Diagnostic Code 8529. The symptoms are more nearly approximating mild to moderate incomplete paralysis.

The Veteran's appeal was dismissed due to the death of the Veteran, and the Board has no jurisdiction to adjudicate the merits of the appeal.

The evidence does not support a finding that the Veteran's squamous cell carcinoma of the pharynx is related to his military service, including exposure to herbicide agents in Vietnam. The Board finds that the preponderance of the evidence weighs against the claim.

The Board denied the Appellant's claim of entitlement to accrued benefits, finding that her mother did not file a pending claim for accrued benefits prior to her death. The Board concluded that there was no clear evidence to rebut the presumption of regularity in AOJ operations.

The Board finds that the Veteran's residuals of cold injury are related to his active service, and grants service connection for this condition.

The Board denied the appellant's request for a waiver of recovery of an overpayment of VA Section 306 pension benefits in the amount of $2,119.13 due to fault on her part and lack of unfair gain to herself.

The Veteran's peptic ulcer disease, with post-operative vagotomy and pyloroplasty, has been rated at 30 percent since June 2006. The Board found that the symptoms have not met criteria for a higher rating beyond 30 percent.

The Veteran's left foot metatarsalgia is rated at 20 percent, and his DVT with resulting disabilities are granted. The TDIU claim remains pending.

The Board has expanded the Veteran's claim to include all similar disorders and is remanding the case for a VA examination to determine if any right arm disorder is related to service.

The Veteran's service-connected knee disabilities have been rated based on limitation of motion and instability. The Board found that the evidence did not support a higher rating for either knee, as there was no flexion or extension limited to 15 degrees or more, respectively.

The Court found that the Board's determination of an overpayment related to fraud at RMTU was invalid, and thus reversed the decision. The VA is now required to remove the overpayment.