Other conditions decisions — 2019

The Board has remanded the claims for service connection due to insufficient medical opinions regarding the relationship between the Veteran's service-connected left knee disability and his claimed right foot fracture, left foot tendinitis, and right hip tendinitis. The claims are now pending with instructions to obtain new opinions from qualified physicians.

The Board denied the appellant's attempt to reopen his claim for benefits under 38 U.S.C. § 1805 for a child born with spina bifida, finding that new and material evidence had not been received.

The Board has decided to remand the Veteran's claim for service connection for prostate disability, including prostatitis, due to insufficient medical opinion regarding the etiology of his condition and its relation to in-service exposure. The case will be returned for further development.

The Board has decided to remand the case due to potential eligibility for a higher pension rate based on medical expenses and aid and attendance needs.

The Veteran's claims for reimbursement of medical expenses are being remanded due to incomplete records and procedural issues. The AOJ is instructed to obtain missing VA records from the relevant facility, including those related to the Veteran's reports of seeking emergency treatment.

The Board denied the appellant's request for waiver of recovery of an overpayment of VA pension benefits due to her failure to report all sources of income, including unemployment and Social Security benefits, which resulted in a misrepresentation. The Board found that this constituted bad faith.

The Board has decided that the nature of the Veteran's service needs to be clarified before deciding her claim for leukemia.

The Veteran's appeal for service connection of soft tissue sarcoma has been dismissed due to the Veteran's death during the pendency of the appeal.

The Board has remanded the Veteran's claims for service connection for residual cold sensation from burns on both his right and left upper extremities due to new evidence being associated with the case. The Veteran is asked to provide releases for any relevant records of treatment from Dr. Pagalmin, and other care providers who may possess additional evidence.

The Board denied service connection for myelodysplastic syndrome, finding that the evidence did not support a link between the condition and the Veteran's active duty service.

The Board denied the claim for service connection for cause of death, finding that exposure to contaminated water at Camp Lejeune did not contribute to the Veteran's cancer and subsequent death. The evidence considered included a private medical opinion from Dr. R.G., but the Board gave less weight to this opinion due to lack of rationale.

The Board has dismissed the claim regarding the reduction of the Veteran's rating from 60% to 30%, effective January 1, 2019 for esophagitis and Barrett’s esophagus as it lacks jurisdiction due to the improper submission of forms.

The Board denied service connection for chronic sleep disorder, chronic muscle spasm disorder, and chronic tremor disorder as there is no evidence of current disabilities or objective indications thereof.

The Board has remanded the case due to incomplete personnel records and the need for an opinion on whether the appellant was insane at the time of his discharge.

The Veteran's service-connected disabilities for lumbar strain with spondylosis and arthritis, right leg radiculopathy, and degenerative joint disease of the right knee with scar have been granted effective September 1, 2016. The disability rating has also been reduced from 70% to 50%.

The Veteran's service-connected right-hand trigger finger condition resulted in limitation of motion with a gap of less than 1 inch (2.5 centimeters) between the fingertip and the proximal transverse crease of the palm, with the finger flexed to the extent possible, and extension limited by no more than 30 degrees prior to April 3, 2019.,The Veteran's service-connected right-hand trigger finger condition resulted in limitation of motion with a gap of less than 1 inch (2.5 centimeters) between the fingertip and the proximal transverse crease of the palm, with the finger flexed to the extent possible, and extension limited by more than 30 degrees from April 3, 2019.

The Veteran's initial evaluation for residuals of a shell fragment wound to the left shoulder remains at 20 percent, as his symptoms do not warrant a higher rating.

The Board has determined that new and material evidence has not been presented to reopen the claim regarding whether the appellant's discharge from service was under dishonorable conditions, which bars VA compensation benefits. The previous denials of entitlement to VA compensation benefits remain unchanged.

The Veteran's appeal is denied as he did not meet the criteria for retroactive compensation for his son, C., based on school attendance from October 2014 to August 2015.

The Board granted payment or reimbursement of medical expenses incurred from October 25, 2013, to January 12, 2017, under CHAMPVA, extending the appellant's deadline for filing a claim due to good cause.