Other conditions decisions — 2019

The appeal for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) has been dismissed because the appellant died during the pendency of the appeal.

The Board has granted the Veteran's application to reopen his claim for service connection of myopic degeneration and has determined that there is at least equipoise evidence in favor of a relationship between the condition and his military service. Service connection is therefore granted.

The Veteran's ptosis, residuals of laceration, left eye injury is rated at 10 percent and denied a higher rating. The Board also granted TDIU.

The Board's decision on recoupment and waiver of overpayment is vacated due to the invalidity of the debt created by fugitive felon status. The case is remanded for further development, including obtaining a warrant and contacting an OIG Fugitive Felon Coordinator.

The Board has remanded the claim for a VA opinion to determine if there is clear and unmistakable evidence that the Veteran's pre-existing respiratory disorder underwent no permanent aggravation during his active duty military service.

The Veteran's appeals for higher ratings on his left arm brachial plexopathy and splenectomy residuals have been dismissed as he has withdrawn them.

The Board has granted service connection for RLS of the right and left lower extremities, secondary to lumbar degenerative disc disease based on aggravation. Service connection for a digestive system disability was denied.

The Veteran and the appellant were divorced in June 2009, which means the appellant is not entitled to an apportionment of the Veteran's VA benefits as his spouse.

The Veteran's left foot disability has been rated at 30 percent since June 2015. On and after November 30, 2015, the Veteran is granted a TDIU due to his service-connected disabilities rendering him unable to secure or follow substantially gainful employment.

The Board has decided that the termination of VA compensation benefits due to fugitive felon status is remanded for further investigation by the OIG.

The Board denied the Veteran's claim for service connection for porphyria cutanea tarda, finding that it is not related to his military service and specifically denying any presumption of exposure to Agent Orange. The Board also found no evidence linking the condition to Agent Orange exposure.

The Board has remanded the case due to incomplete information about the appellant's service dates and a request for clarification of her entitlement to burial benefits. The AOJ is instructed to provide appropriate notification and adjudicate the issue of burial benefits.

The Board has remanded the case due to the need for a VA examination and review of outstanding records, as there are multiple mental health diagnoses and the Veteran's service connection claim is broadened.

The Board found that the overpayment of VA disability compensation benefits was properly created due to a change in dependency status, and referred the issue of waiver of recovery for further action.

The Veteran's claim for service connection for keloids of the chest was granted. However, his claims for service connection for keloids in areas other than the chest and for special monthly pension were denied.

The Board of Veterans' Appeals has decided that the appellant's income exceeds the maximum annual pension rate and denied her death pension claim. The case is now remanded for further examination to determine if she needs aid and attendance or has housebound status.

The Veteran's claim for service connection for multiple myeloma, linked to benzene and Agent Orange exposure during service, is remanded due to the need for additional medical examination.

The Board has granted service connection for the Veteran's residuals of right inguinal hernia repair, finding that his condition had its onset and repair in service.

The Veteran's squamous cell carcinoma on the base of the tongue was denied service connection as it is not related to his military service, including herbicide exposure and contaminated water at Camp Lejeune.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between arthritis and the Veteran's service-connected total vaginal hysterectomy.