Other conditions decisions — 2019

The Board has determined that new and material evidence has been received to reopen the claims of entitlement to service connection for emphysema and asthma, and chronic obstructive pulmonary disease (COPD) and bronchitis. The appeal as to these issues is remanded due to insufficient medical opinions regarding their etiology.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's gastrointestinal disorder is related to his service-connected anxiety disorder. The claim will be returned for further development, including obtaining medical records and providing a medical opinion.

The Veteran's claim for a rating in excess of 30 percent for left thumb amputation with traumatic arthritis and numbness is denied. The claim for TDIU from May 29, 2015 is granted. The claim for a rating in excess of 10 percent for neuritis, saphenous nerve of the right leg (also claimed as reflex sympathetic dystrophy) is remanded.

The Veteran's claim for a higher rating for his left knee disability is granted, with the rating being 20 percent from April 15, 2010 to January 24, 2018. The issue of entitlement to TDIU prior to October 17, 2011 is remanded.

The Board has found that additional development is necessary due to incomplete addressing of the Veteran's service connection claims for residuals of a right leg injury and numbness of the right leg. The case is being remanded for further examination and opinion.

The Board has remanded the Veteran's claims for an initial compensable rating for epididymis, service connection for a right hand disability secondary to a right wrist disability, service connection for a left hand disability secondary to a left wrist disability, and TDIU due to his disabilities. The issues are being remanded because additional examinations are needed.

The Board has decided to remand the case due to an inadequate VA examination and the need for supplemental comment on the nature and etiology of any current back disorder, including considering the Veteran's lay statements regarding his back pain.

The Veteran's service did not qualify him for death pension benefits as he served after the Vietnam era and was not in a period of war. The claim is denied.

The appeal for TDIU has been dismissed due to the appellant's death.

The Board has remanded the service connection claims for right and left eye disabilities due to insufficient opinions regarding etiology.

The Veteran's appeal for service connection for prostate condition due to exposure to agent orange associated with herbicide exposure is dismissed. The Board also remanded the issue of service connection for upper back injury.

The Board denied the Veteran's claim for service connection for chronic peri-implantitis, finding no current disability and insufficient evidence to establish a link between in-service dental treatment and the condition.

The Board has determined that service connection is granted for the dental condition (residuals of a fracture, and subsequent loss of tooth number 11) for treatment purposes only. Service connection for compensation purposes was denied.

The Board denied the Veteran's claim for service connection for onychomycosis, finding that there was no evidence linking his current condition to his active duty service.

The Veteran's hypokalemic periodic paralysis is found to be due to his Persian Gulf service, and the Board grants service connection for this condition.

The Board denied the Veteran's request for waiver of overpayment of VA pension benefits, finding that recovery would not be against equity and good conscience due to the Veteran's financial resources.

The Board denied an earlier effective date for a disability rating of 70 percent for dysthymic disorder prior to August 2014, but granted entitlement to TDIU based on the Veteran's service-connected dysthymic disorder and right knee disabilities.

The Veteran's trigger finger, residuals injury right ring finger is currently rated at 10 percent and a higher rating of 20 percent requires amputation with metacarpal resection. The evidence does not show such an amputation.

The Board denied a rating in excess of 10 percent for the Veteran's service-connected solar urticaria, finding that his condition does not meet the criteria for a higher rating under either the old or new rating criteria.

The Board has remanded the case due to uncertainty regarding unreimbursed medical expenses paid by the Veteran during the appeal period, which could affect his pension benefits.