Other conditions decisions — 2019

The Veteran's left eye disability is rated as noncompensable, but the Board has found that it meets the criteria for a 30 percent rating due to diplopia. The Veteran’s headaches are remanded and need further evaluation.

The Veteran did not file a timely Notice of Disagreement (NOD) within one year after the May 2013 determination letter, which became final.

The Board previously determined that an overpayment of VA improved pension benefits was properly created based on the retroactive termination of pension payments effective October 1, 2005. The remaining question is whether the overpayment was correctly calculated. The Veteran's family income exceeded the applicable Maximum Annual Pension Rate (MAPR) for the entire time period in question from October 1, 2005 through June 30, 2010. As a result, he was not entitled to receive any pension payments and owed VA the full cumulative total of $54,488.

The Board has remanded the Veteran's claims of service connection for a neck disorder and bilateral foot disorder due to insufficient evidence regarding their etiology. A VA examination is needed to determine if these conditions are related to his service-connected disabilities or other factors.

The Veteran's claim for an earlier effective date for the grant of service connection for Chronic Lymphocytic Leukemia (CLL) is denied. The Board also remanded his PTSD rating claim.

The Veteran's stroke or any residuals of a stroke are not considered disorders presumptively related to herbicide exposure. The Board has ordered a remand for the Veteran to be provided with a VA examination and an opinion discussing the current nature and etiology of his disability.

The Veteran's cause of death is remanded due to the need for additional medical records regarding his lung cancer.

The Board denied the Veteran's claim for service connection for TMJ syndrome, finding that there is no competent evidence to support a diagnosis of TMJ syndrome during the appeal period.

The Veteran's surviving mother is denied Parent's Dependency and Indemnity Compensation (PDIC) benefits due to the lack of provided financial information.

The Veteran's varicose veins right and left legs were granted a separate 30 percent rating for painful scars, effective March 4, 2015. The Veteran also received a separate 30 percent rating for residual scars from the right leg status post varicose vein surgery.

The Veteran's bladder disability is being remanded for further investigation into whether he was exposed to herbicides during his service in Korea.

The Veteran's appeals for a higher rating and TDIU have been dismissed due to his death.

The Board has remanded the case for issuance of an SOC regarding the issues of restoration of a 100 percent rating for ischemic cardiomyopathy and entitlement to SMC, as well as compensation based on secondary or complication conditions. The Veteran must file a substantive appeal if he wishes to continue his claims.

The Board has remanded the cases due to conflicting evidence regarding the Veteran's exposure to asbestos during service and its potential connection to his throat cancer and speech pathology problems.

The Veteran's appeal regarding service connection for oral squamous cell carcinoma, due to exposure to herbicide agents, has been dismissed because the Veteran died during the pendency of the appeal.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's colon cancer and its residuals are related to his active service, including exposure to herbicide agents. The VA examiner is requested to provide an opinion on this matter.

The Veteran's left thigh disability has been rated at 10 percent for limitation of extension, and the Board found no evidence to warrant a higher rating based on flexion or other criteria. The appeal is denied.

The Veteran's claim for an increased rating for residuals of left eye injury, including postoperative cataract with anisocoria and history of resolved hyphema, is remanded due to the need for a new VA examination.

The Veteran died in September 2010, and the Appellant filed a VA form 21-534EZ for accrued benefits more than one year after his death. The Board denied the claim as it was not received within the required one-year filing period.

The Veteran's irritable pylorus stomach valve is rated at a 10 percent disability rating, as the symptoms are recurring once or twice yearly.