Other conditions decisions — 2019

The Board has decided to remand the case due to a duty to assist error in the July 2017 VA Respiratory Conditions Disability Benefits Questionnaire.

The Veteran's reduction in rating for left lower extremity muscle rigidity and/or stiffness was denied, as the evidence did not show actual improvement. The Veteran's initial claim of an increased evaluation for this condition was also denied.

The Board denied the Veteran's claim for service connection for low sperm count as a result of exposure to ionizing radiation, finding that there is no current diagnosis and insufficient evidence linking the condition to active service.

The Veteran's claims for left eye lagophthalmos, bilateral dry eye syndrome, and left epiphora were granted with a separate 10% rating. Separate ratings of 20%, 30%, and 20% were assigned for severe incomplete paralysis of the right fifth cranial nerve (trigeminal), severe incomplete paralysis of the left fifth cranial nerve (trigeminal), and severe incomplete paralysis of the right seventh cranial nerve (facial) respectively. The Veteran's claims for service connection were granted based on direct evidence.

The Board has found that further development is necessary before a decision on the merits may be made regarding the Veteran's claim for a TDIU prior to April 4, 2018. The Veteran must provide information about his employment history and status since September 2012.

The Veteran's TDIU claim is remanded due to the need for additional VA treatment records from his new state of residence.

The Board has decided that the change in the Veteran's means test eligibility category from copay exempt to copay required for income year 2017 was improper and has remanded the case for further action.

The Veteran's unauthorized medical expenses incurred at a private hospital during an emergency visit are granted, as the treatment was for a serious condition and no feasible VA facility was available.

The Veteran's nasal polyps have been rated at 30 percent since the appeal period began, which is the maximum rating available for this condition.

The Veteran challenged the creation of an overpayment due to his spouse's removal from his VA compensation benefits. The Board has decided that this matter should be remanded for further consideration regarding whether there was sole administrative error.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for an abdominal disorder caused by VA treatment was denied because new and material evidence was not submitted to reopen the claim, as the evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Board has reopened the claims for DIC and Survivor Pension benefits, finding new and material evidence. The Appellant is recognized as the surviving child of the Veteran.

The Board has determined that the Veteran does not have a current fatigue disability, neurological disability, respiratory disability, or sleeping disorder separate from his service-connected PTSD. The claims for these conditions are denied.

The Board has remanded the case due to inconsistencies in the Veteran's work history, which is necessary for a proper decision on his TDIU claim.

The Veteran's appeals for dental condition and cricopharyngeal spasm have been dismissed. The appeal based on the February 2004 rating decision granting service connection for depression with an effective date of June 10, 2003 has also been withdrawn.

The Veteran's grandson is seeking accrued benefits, but the appeal was remanded due to insufficient efforts by VA to obtain records from the Fiduciary Unit regarding contact with the appellant within one year of his death.

The Board has determined that the appellant's discharge from service is a bar to VA benefits due to his conviction of felony offenses involving drug possession and delivery, which constitutes an act of moral turpitude. The character of his discharge was found to be under dishonorable conditions for VA purposes.

The Board denied the Veteran's claim for service connection for his cause of death, finding that there was no evidence linking his emphysema and cancer of the mouth to his military service or exposure to herbicide agents.

The Board has granted a 30 percent rating for the appellant's residuals of severe right foot injury, effective from the date of the decision. The initial compensable ratings for hammer toe and hallux valgus are denied. A separate compensable rating of 20 percent is granted for reduced grip strength.

The appeal was dismissed due to the death of the appellant.