Other conditions decisions — 2019

The Veteran's initial compensable rating for his left ring finger disorder from July 8, 2016 and continuing thereafter was denied.

The Board has determined that the overpayment of Post-9/11 GI Bill educational assistance benefits in the amount of $747.78 was properly created and thus denied.

The Veteran's claim for an earlier effective date of April 18, 2008, for the award of additional compensation benefits for his spouse R.K. is granted. The overpayment of VA disability compensation benefits in the amount of $9,402.74 resulting from a change in dependency status due to the removal of the Veteran's former spouse C.K. was properly created and the appeal is denied.

The Board has remanded the case for further development and consideration, including a new VA examination to determine the nature and etiology of any current psychiatric disorders (excluding PTSD), to include adjustment disorder. The Veteran's claim for service connection for flat feet is not on appeal.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's HTLV Type I/II was incurred during active service. Additional VA examination and treatment records are needed.

The Board denied service connection for a bilateral heel/foot condition as the evidence did not establish a medical nexus between the Veteran's in-service complaints of heel pain and his current diagnosis of calcaneal spurs.

The Board has determined that the termination of apportionment benefits to the appellant on behalf of their minor child was improper and has granted reinstatement of the apportionment benefits in the amount of $145.00 from June 1, 2014 to the present.

The Board has decided to remand the Veteran's claims for service connection for ocular posterior vitreous detachment and peripheral retinal degeneration due to conflicting medical records. The Veteran will be given a chance to provide additional evidence or attend an examination.

The Veteran's claim for an earlier effective date for service connection of CLL was denied as the change in law took effect on March 14, 2017.,The Veteran's claim for an earlier effective date for DEA benefits was also denied because he did not meet the eligibility criteria prior to March 14, 2017.

Service connection for TMJ syndrome is granted. Initial ratings of CAD prior to August 18, 2015 and after that date are denied. The claim for an initial compensable rating for erectile dysfunction is remanded.

The Board has remanded the case due to incomplete information about the Veteran's employment as a bus driver and whether he is currently employed. The Veteran will be provided an opportunity to provide this information before the issue can be reconsidered.

The Veteran's right great toe disability, including a bone spur, is rated at 30 percent effective November 1, 2016. A separate rating of 10 percent for the bone spur is granted.

The Board has decided to remand the cases for further development and examination, including obtaining additional medical records and conducting a VA examination.

The appeal for termination of VA additional compensation benefits due to the removal of a spouse, M., effective October 1, 1998, is denied. The appeal for denial of addition of a spouse, L., to the Veteran’s award of VA compensation is also denied.

The Veteran's appeal is remanded due to confusion over the release of funds erroneously withheld from his VA compensation account for Fiscal Year 2001. The case requires an audit to clarify the actions taken by VA and resolve ambiguities.

The Veteran's pernio does not meet the criteria for a rating in excess of 10 percent as it has not covered 20 to 40 percent of the entire body or exposed areas and does not require systemic therapy such as corticosteroids or other immunosuppressive drugs.

The Board denied the Veteran's claims for initial ratings greater than 10 percent for patellofemoral pain syndrome of both knees, finding that his knee conditions did not meet or approximate the criteria for a higher rating based on limitation of motion.

The Board has remanded the case due to insufficient evidence regarding the Veteran's right thumb disability and bilateral eye condition. The Veteran is not entitled to service connection for these conditions.

The Veteran's non-Hodgkin’s lymphoma was not active during the periods from May 14, 2010 to April 2, 2013 and from February 1, 2014 to December 27, 2016. Therefore, he is not entitled to a compensable rating for this condition.,The Veteran's anemia and fatigue residuals of non-Hodgkin’s lymphoma were not characterized by hemoglobin levels of 8gm/100ml or less during the periods from May 14, 2010 to April 2, 2013 and from February 1, 2014 to December 27, 2016. Therefore, he is not entitled to a rating in excess of 10 percent for this condition.

The Board has reopened the claim of entitlement to service connection for a lower spine disability due to new and material evidence, but further review is needed as there are conflicting medical opinions regarding the etiology of the Veteran's current condition.