Other conditions decisions — 2019

The Board has granted a waiver of overpayment of VA benefits in the amount of $6,329.29 due to financial hardship and undue hardship caused by repayment.

The Board has denied the Veteran's claim for service connection for internal carotid stenosis with TIA, finding that there is no evidence to support a relationship between his current condition and his military service.

The Board denied service connection for various spine, clavicle, humerus, neck, shoulder, rib, and skull infections, including Paget's disease. The Veteran was found to have vitamin D deficiency but no evidence of metabolic bone disease.

The Board has decided to remand the case due to a disagreement with the validity of the overpayment debt and the change in dependency status. The Veteran must file a notice of disagreement on this issue before further action can be taken.

The Board dismissed the appeal due to the death of the appellant, and no jurisdiction remains for further action.

The Board denied service connection for a right lower extremity disorder, finding that the evidence did not show it was related to service or due to a service-connected condition.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that she did not meet the requirements for such status due to her divorce from the Veteran prior to his death.

The Board has determined that the August 2013 rating decision denying service connection for insomnia was clearly and unmistakably erroneous, and it is revised to grant service connection for insomnia effective December 13, 2012.

The Board has determined that the Veteran's retinal detachment was proximately caused by his June 2002 VA surgery, which was performed without informed consent. Therefore, compensation under 38 U.S.C. § 1151 for the retinal detachment of the left eye is granted.

The Veteran's service connection claim for alcohol use disorder is denied as VA compensation is precluded for primary and secondary alcohol abuse disabilities.

The Board has determined that the Veteran's right ankle disability, characterized by moderate limitation of motion and degenerative joint disease, warrants a 10 percent rating. The appeal is denied as there are no indications of ankylosis or malunion.

The Board denied the Veteran's claim for an earlier effective date for service connection of acute left optic papillitis, finding that the claim was not received within one year after separation from active service and thus could only be granted as of January 30, 2013.

The Board has determined that the Veteran's TMJ began during active service and granted service connection for this condition.

The Board has granted the Appellant's claim for service connection for cause of death, finding that her husband's biliary tract carcinoma with liver metastases was caused by his exposure to herbicide agents and asbestos/asbestos-related chemicals during military service. The decision is based on a private medical opinion.

The Veteran's appeal regarding the reduction of his pension benefits, effective January 1, 2013, was dismissed as he did not file a substantive appeal.

The Veteran's surviving spouse was awarded service-connected burial benefits, and the appellant cannot be awarded additional benefits as they are not entitled to them.

The Board has remanded the case due to insufficient evidence regarding the cause of the Veteran's death, specifically his hypertensive cardiovascular disease.

The Veteran's March 26, 2015 correspondence is considered timely in response to the denial of his TDIU claim. The appeal as to timeliness is granted.

The Veteran's claim for a compensable rating prior to August 30, 2018, and for a rating in excess of 10 percent thereafter, for right hip tendonitis is being remanded due to the need for additional evidence and examination.

The Veteran's right thumb and little finger disabilities are rated at a 10 percent disability rating, effective March 22, 2013. The Veteran is granted a higher rating for the right thumb but denied for the right little finger.