Other conditions decisions — 2019

The Veteran's claims for higher disability ratings for postoperative residuals of a duodenal ulcer and service-connected left arm injury with retained shell fragments were denied. The Board found that the evidence did not support an increase in rating beyond the current 20 percent and 10 percent, respectively.

The Board has remanded the case for additional development due to procedural issues and a need for an addendum medical opinion regarding informed consent.

The Board has remanded the case for further consideration of whether overpayments were properly created and if so, whether they should be considered as a result of sole administrative error. The Veteran's estrangement from his spouse is noted in determining this issue.

The appeal is dismissed due to the death of the appellant.

The Board has remanded both the service connection for the cause of death and the burial benefits claim due to insufficient evidence regarding the Veteran's exposure to hazardous materials during his military service. The appellant must provide additional information or medical opinions to support her claims.

The Board has not followed the remand directives and verification requirements for exposure to herbicides outside of Vietnam. The claims are being remanded for further development.

The Veteran's claim for service connection for a cognitive disorder was denied, and separate initial ratings of 10% were granted for DJD of the right and left thumbs as of April 18, 2014.

The Board denied service connection for gastritis and duodenal ulcer, finding that the conditions clearly and unmistakably pre-existed service and were not aggravated by service beyond their natural progression.

The Veteran's Hodgkin's disease was detected many years after active service, and the evidence is evenly balanced as to whether his Hodgkin's disease is related to his active service, including exposure to contaminated water at Camp Lejeune. With resolution of reasonable doubt in favor of the Veteran, service connection for Hodgkin's disease has been granted.

The Board denied service connection for an acquired mental health disorder as the evidence did not support a causal relationship to military service.

The Veteran's claim for a compensable rating for his hiatal hernia is remanded due to the need for a new examination as his most recent medical records are over three years old and he has stated that his disabilities have increased in severity.

The Board has remanded the case due to incomplete development regarding exposure to ionizing radiation and burn pits. The claim will be reviewed again with proper procedures in place.

The Veteran's claim for service connection for residuals of a back injury is reopened, but the issue remains remanded as additional evidence and an examination are needed to determine if the Veteran has a current disability related to his in-service motor vehicle accident.

The Board denied the Veteran's claims for increased ratings for his right and left knee conditions, finding that the evidence did not support a higher rating under Diagnostic Code 5257 or any other applicable criteria.

The Board has remanded the case due to the need for a statement of the case regarding whether death pension payments were properly discontinued as of February 1, 2009. The VA Debt Management Center informed the Appellant that she had been overpaid and granted her waiver of indebtedness. The decision also noted that consideration should be given to whether entitlement to death pension benefits is warranted at any time from February 1, 2009, through the present.

The Veteran's right foot disorder, including nerve damage and foot drop, is not considered to be caused by VA treatment. Therefore, compensation under 38 U.S.C. § 1151 for a right foot disorder is denied.

The Board has determined that the VA examination and opinion provided were inadequate for addressing whether the appellant's vasovagal syncope is proximately due to or the result of his service-connected unspecified somatic symptom and related disorder, and thus requires a new medical opinion.

The Board's decision is revised to deny a compensable rating for the Veteran's anterior chest wall syndrome with atypical chest pain, as it misapplied the law by granting a 10 percent rating based on 'slight' symptoms.

The Board has remanded the claim for an Achilles tendon disability due to a lack of relevant medical records and to address whether the Veteran's ankle pain results in functional impairment.

The Board denied the appellant's request for an effective date prior to April 17, 2015, for DIC benefits based on service connection for the cause of her husband's death. The claim was received after the expiration of the appeals period associated with a previous denial in June 2008.