Other conditions decisions — 2019

The Veteran's claim for non-service-connected disability pension benefits was denied because his character of service is considered dishonorable due to willful and persistent misconduct, which bars him from receiving VA benefits.

The Board granted a waiver of overpayment for Chapter 33 (Post-9/11 GI Bill) education benefits in the amount of $45,977.51 due to undue hardship and reliance on VA benefits.

The Board found no qualifying additional disability caused by VA care, and thus denied the claim.

The Board has decided to remand the Veteran's claims for bilateral leg compartment syndrome due to uncertainty regarding whether he currently has a current disability and if so, whether it is related to his military service.

The Board has decided to remand two increased rating claims for the Veteran's chondromalacia of the patella, right and left knees. The reasons are that there may be relevant Social Security Administration (SSA) records not yet obtained, and a new VA examination is needed due to potential increase in severity since the last examination.

The Veteran's right TMJ dysfunction has been rated at 10%, 20%, and 30% since the claim was filed. The Board found that the evidence did not support a higher rating for any period.

The Board has denied the Veteran's claim for service connection for bilateral foot disorder, including hallux rigidus and arthritis, as well as a left foot nerve disorder. The evidence does not support finding that these conditions were incurred or aggravated by service.

The Veteran's sweat gland disorder, which includes associated dyspnea, is rated at 30 percent under the analogous DC for hyperhidrosis (DC 7832). The rating is appropriate because it reflects that the Veteran can perform moderate physical work but cannot work in excessively warm environments.

The Board dismissed the appeal due to the appellant's death, and no effective date earlier than May 1, 2017 for VA death pension benefits is granted.

The Board found that the appellant's discharge from service was due to willful and persistent misconduct, leading to a decision denying his claim for VA benefits.

The Board has determined that additional evidence is needed to decide the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during a non-VA hospitalization at UIHC. Specifically, missing VA treatment records and clarification from the VAMC in Iowa City are required.

The Board has remanded the Veteran's claim for a skin disorder due to potential exposure at Fort McClellan. The case requires an addendum opinion and VA treatment records from March 2019 to the present.

The Veteran's claim for a rating in excess of 0 percent prior to March 7, 2019 for right lower extremity tibia tendonitis was denied as there was no moderate or marked limitation of motion.,The Veteran's claim for a rating in excess of 20 percent as of March 7, 2019 for right lower extremity tibia tendonitis was granted based on marked limitation of motion.

The Board denied an earlier effective date for dependency benefits for the Veteran's spouse, finding that the claim was filed after one year of the marriage event and thus the earliest applicable effective date is April 6, 2018.

The Board has determined that the Veteran's right arm pain, numbness, and tingling are related to his service-connected cervical strain/sprain. The claim for secondary service connection is granted.

The Board has granted a waiver of the recovery of overpayment in the amount of $11,258.63 due to fault on VA's part and other factors.

The Veteran's claim for a 50 percent rating for left TMJ prior to April 27, 2019 is granted. The claim for an increased rating in excess of 50 percent thereafter is denied.

The Veteran's moderate post gastrectomy syndrome is currently rated at 40 percent, which is the highest rating available under DC 7308. The Board found that a higher rating of 60 percent was not warranted due to lack of severe symptoms.

The petition to reopen the claim of entitlement to service connection for a neurological disorder in the right leg and foot is granted. The appeal is allowed to that extent only, with the claim remanded for further development.

The Board denied the Veteran's claim for an earlier effective date for recognizing his spouse as a dependent for additional benefits due to lack of proof of marriage within one year of notification.