Other conditions decisions — 2019

The Veteran's petition to reopen his claim for service connection for Paget's disease was granted. The claim itself, however, is denied as the condition did not manifest within one year of separation from active service and is not related to his service-connected bilateral hip disability.

The Veteran's left hip arthritis is rated at 10 percent disabling, with limitation of flexion and extension. Bilateral hearing loss is rated at 40 percent effective October 15, 2015. Left lower extremity peripheral artery disease is rated at noncompensable from June 23, 2011 to August 9, 2019, and at 40 percent beginning August 9, 2019.

The Veteran's claim for service connection for myelofibrosis is being remanded due to the addition of new evidence, including a September 2019 expert medical opinion and a November 2019 statement from the Veteran. The RO will consider this new evidence in the first instance.

The Veteran's claim for service connection for sleep disturbances, including as secondary to his left knee disability, has been granted. The claim for service connection for constipation is remanded.

The Board has decided to remand the case due to insufficient medical opinion regarding the Veteran's right knee condition. The Veteran is seeking service connection for his Osgood Schlatter's disease and DJD, which he contends are related to injuries sustained during basic training in service.

The Board has granted an initial disability rating of 10 percent for right foot hallux valgus and extended a temporary total rating for left foot hallux valgus. The issues of service connection for metatarsalgia, bilateral heel spurs, fusion of the bilateral fifth toes, and bilateral hammertoes are remanded for further development.

The Board has decided that the Veteran's ulcers are related to his service-connected PTSD and alcohol abuse, but more development is needed.

The Board denied the appeal as an overpayment of VA nonservice-connected pension benefits was properly created, and no reduction in the amount is warranted.

The Board has dismissed the Veteran's claims for service connection for cold injuries of his hands. The issues of entitlement to an initial rating in excess of 50 percent for PTSD with depressive disorder, from December 22, 2004 to May 14, 2013, and entitlement to a TDIU prior to July 27, 2015 are remanded. The Veteran's claim for service connection for left foot cold weather injury is also remanded.

The Veteran's death was caused by colon cancer, but his NHL contributed substantially to the cause of death. Service connection for the cause of death is granted.

The Board denied the appeal as there was no timely notice of disagreement filed in response to the March 2016 rating decision regarding service connection for cause of death, entitlement to DIC, eligibility to DEA, and entitlement to accrued benefits.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's skin disability, including basal cell carcinoma, and her service. The examiner is asked to provide an addendum opinion considering the Veteran's assertions about a severe sunburn during service.

The Board has decided to remand the Veteran's claim for a higher evaluation for his right toe disability due to the need for additional supporting evidence.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's metastatic pancreatic cancer is related to his in-service exposure to herbicide agents, specifically Agent Orange. The appellant must provide medical records from private providers who treated her husband for this condition.

The Board has decided to remand the case due to inadequate compliance with previous remand directives and the need for an adequate VA medical opinion.

The Board denied compensation under 38 U.S.C. § 1151 for permanent eye damage with vitreous loss following right eye cataract surgery at a VA facility, finding that the disability was not caused by negligence or error on the part of the VA.

The Veteran's service-connected bilateral knee disabilities are being remanded for a new VA examination to assess the current severity of her conditions and for updated medical records to be obtained.

The Board has decided to remand the case due to issues with informed consent and potential unforeseen events during the Veteran's November 2009 eye surgery, which may have contributed to his current condition.

The Veteran's overpayment of $16,692.42 is not a validly created debt and therefore the claim for waiver of recovery is granted.

The Board has determined that the Veteran's right ankle disability played a role in his February 2015 fall, and therefore service connection for residuals of a left hip fracture is granted.