Other conditions decisions — 2019

The Board has denied the Veteran's claim for service connection for obesity and weight gain, finding that it is not a disease or disability for VA compensation purposes.

The Board has remanded the case due to a duty to assist error, specifically regarding the etiology of the Veteran's left foot arthritis and avascular necrosis. The Veteran is seeking service connection for these conditions as secondary to his service-connected sesamoiditis and residual scar.

The Board has remanded the case due to a lack of a VA examination and medical opinion regarding the Veteran's right-hand disability, which may be related to his active service. The Veteran needs to provide updated service treatment records and undergo an examination to determine if his current right-hand disability is at least as likely as not caused by his in-service injury.

The Veteran's claim for service connection for TMJ is granted.,The Veteran's claim for service connection for an acquired psychiatric condition is remanded.

The Board finds that the record is incomplete and requires further development to address a pre-decisional duty-to-assist error. Specifically, the Board needs to obtain the complete January 24, 2018 Counseling Record/Narrative Report and determine if there are any missing documents between January 24, 2018 and February 21, 2018 that would explain how the VR&E Office moved from deferring the feasibility issue to making a negative feasibility determination.

The Veteran's gastric cancer, which is another name for stomach cancer, has been granted service connection on a presumptive basis due to radiation exposure during his military service.

The Board has remanded the issues of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) prior to September 26, 2014 and from May 1, 2018 to February 14, 2019 due to a duty to assist error.

The Board has remanded the cases of propriety of reduction of death pension benefits, validity of overpayment of death pension benefits, and waiver of overpayment of death pension benefits due to issues not being addressed in a responsive statement of the case.

The Board denied an initial rating in excess of 10 percent for atherosclerotic cardiovascular disease, finding that the disability picture associated with it is not exceptional such that the available schedular evaluation is inadequate.

The Veteran's gynecomastia from December 2001 to December 2007, including the periods from December 2001 to July 2002 and from July 2005 to December 2007, was found not to be a result of an unforeseeable event or fault on VA's part. The Veteran did not meet the criteria for additional disability.

The Veteran's bilateral pterygium claim remains before the Board due to outstanding treatment records. The TDIU rating claim is also remanded for further development and evaluation of employment status.

The Veteran's appeals for service connection for astigmatism and weight fluctuations have been dismissed due to his withdrawal of the appeal. The Veteran's claim for service connection for functional constipation has been granted.,The Veteran's right knee disability is remanded for further examination.

The Board has remanded the case due to insufficient evidence regarding whether the veteran's detached retina, left eye is related to his service. The examiner will need to determine if there is a link between the veteran's current condition and his in-service exposure.

The Veteran's petition to reopen a claim for service connection for respiratory disability, including as due to asbestos exposure, is granted. The Board has also remanded the case for further development and medical opinions regarding the nature of any respiratory disabilities found during the appeal period.

The Veteran's skin conditions, including squamous cell carcinoma and actinic keratosis, are not service-connected as they did not begin during his military service or are otherwise related to an in-service injury. The Veteran's arthritis of the knees is rated based on limitation of motion.

The Veteran's pterygium of the right eye is currently rated at 10 percent, but does not meet criteria for a higher rating due to lack of incapacitating episodes and visual impairment.

The Board found that the Veteran's character of service is not a bar to receiving pension benefits. However, the appeal was remanded for further adjudication due to incomplete information regarding income and net worth requirements.

The Board is remanding the case to determine if the reduction in VA disability compensation for the purpose of recouping active service pay for 44 days during Fiscal Year 2009 was proper.

The Board denied service connection for a right foot skin condition and a temporary total rating due to treatment for the non-service-connected right foot skin condition. The claim for service connection of a skin condition of the groin is remanded.

The Veteran's service connection claims for fatigue, muscle pain, and left upper extremity, right upper extremity, left lower extremity, and right lower extremity conditions are granted on a presumptive basis under 38 U.S.C. § 1117 due to his service in the Southwest Asia theater of operations. His claim for sleep apnea is also granted.