Other conditions decisions — 2019

The Board has granted a 50 percent rating for ulnar nerve damage. The petition to reopen the claim for stomach muscle strain as secondary to crush injury is remanded, and separate ratings are also remanded for ulnar nerve damage, median nerve damage, and lower radicular group nerve damage. A TDIU issue is referred back to the RO.

The Board has decided to remand the Veteran's claims for right and left lower extremity restless leg syndrome due to a lack of recent VA examination, and requests for all relevant treatment records.

The Board has remanded the case due to concerns about verifying military service and determining whether an inquiry should have been forwarded to the Adjutant General, U.S. Army Human Resources Command.

The Veteran's SLE was rated at 60% prior to April 12, 2016. The Board found that her condition warranted a 100% rating due to frequent exacerbations and severe impairment of health.

The Veteran's claim for service connection for cold injury residuals of the bilateral feet has been reopened, and the Board finds new and material evidence to support this claim. The issues of service connection for paralysis of the left lower extremity and right lower extremity are remanded.

The Veteran's recurrent sleep disability, including chronic insomnia, is related to his service-connected lumbosacral spine fusion residuals with lumbar strain and degenerative arthritis. The Board has ordered a VA examination to determine the nature of any identified recurrent sleep disabilities and their relationship to active service or the service connected conditions.

The appeal was dismissed due to the appellant's death.

The Veteran's appeal is being remanded to obtain an independent medical examination (IME) due to the lack of a qualified expert opinion. The issues are related to whether additional disability was caused by post-surgical care and if proper standards were followed.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions and records, particularly regarding his bilateral hand conditions.

The Board has remanded the case for further development and readjudication, including an audit of the Veteran's VA service-connected benefits and a determination on the validity of the overpayment. The issue of entitlement to a waiver of recovery of the overpayment will also be referred to the Committee on Waivers and Compromises.

The Board has denied the Veteran's claims for a rating in excess of 20 percent for pilonidal cyst, unstable and painful and for a compensable rating for pilonidal cyst, linear scar.

The Veteran is in receipt of total disability based on individual unemployability (TDIU) and thus receives a higher benefit than a nonservice-connected pension. The claim for a nonservice-connected pension is denied as the Veteran's TDIU benefits are greater.

The Veteran's claim for service connection for bilateral foot mycetoma is denied as there is no current diagnosis of mycetoma and the VA examiner found that his current condition is more likely related to tinea pedis, onychomycosis, and other conditions.

The Veteran withdrew his appeal, and the Board dismissed it.

The Board denied a request for an effective date prior to January 9, 2019 for the grant of special monthly pension based on the need for aid and attendance. The application was received in January 2019.

The Veteran's service connection claim for basal cell carcinoma is granted as the condition is related to sun exposure during his military service.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 has been dismissed due to the death of the claimant.

The Veteran's death was not related to service, and the appellant has been awarded the maximum amount of $300.00 in nonservice-connected burial benefits and $445.00 for a nonservice-connected transportation allowance.

The Board has decided to remand the cases for further development and consideration due to non-compliance with previous remand directives. Specifically, a VA opinion is needed regarding the nature and etiology of the Veteran's tinea versicolor, including whether it is related to his active duty service or herbicide exposure.

The appellant's marriage to the Veteran did not satisfy the required marriage date for DIC benefits, as they were not married during his period of active service or within fifteen years after its termination. The appeal is denied.