Other conditions decisions — 2019

The Veteran's skin disorder has worsened since the last VA examination in May 2013, and he should be provided with a new examination to assess its current severity. Additionally, his treatment records from December 2016 and January 2017 need to be obtained.

The Board has determined that there are procedural issues with the case and remands it for further action, including verifying marital status and financial information.

The Veteran's claim for an initial compensable rating prior to August 19, 2013, and in excess of 10 percent from August 19, 2013, for HSV II is remanded due to the need for a VA examination to assess the current severity of his service-connected condition.

The Board denied service connection for a right eye disorder claimed as secondary to the Veteran's service-connected left eye cataract extraction. The rating for his left eye cataract extraction was also denied, with the Veteran currently receiving a 30 percent rating.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a right inguinal hernia. The case is being remanded for further development, including an examination to determine the nature and etiology of any current right inguinal hernia.

The Board previously remanded the case for additional development, including associating a VA physician's report with the claims file and furnishing an SSOC. The case is being remanded again due to uncertainty about whether the requested report has been associated with the Veteran's file.

The Board denied the reduction of nonservice-connected pension benefits due to receipt of Social Security Administration (SSA) benefits, finding that the appellant's income in the form of SSA benefits should be counted for VA purposes and that there was no legal basis to award the benefit sought.

The Board denied service connection for a left foot disorder, finding that the evidence did not support a direct or secondary nexus to service.

The Board denied the claim for accrued benefits as there was no evidence provided by the appellant to support her assertion that she paid expenses for the Veteran's surviving spouse.

The Board granted the veteran's claim for an effective date of December 1, 2006 for DIC, death pension, and accrued benefits. The decision was based on the Claimant filing a belief that he was entitled to these benefits after the Veteran's death.

The Board has remanded the case due to a need for an examination to assess the severity of the Veteran's Bell's palsy.

The Veteran's right foot condition, including calcaneal spur, is currently under review due to the need for a comprehensive examination and opinion regarding its etiology. The Board has determined that further action is required to ensure an accurate assessment of his claim.

The Board has decided to remand the case due to concerns about the adequacy of an addendum opinion regarding the relationship between the Veteran's right hip disorder and his service-connected conditions, specifically his back strain and patellofemoral pain syndrome.

The Veteran's claim for service connection of right eye cataract status post lens replacement was reopened due to new and material evidence. The claim is granted, but the rating in excess of 30 percent for PTSD remains denied.

The Veteran's mild frostbite in his right foot during service resolved and there are no current residuals. The Board denied the claim for service connection as he does not have a current disability.

The Veteran's daughter is seeking accrued benefits, but the RO denied the claim as a matter of law. The Board finds that the claim could be reconsidered and remands for further action.

The Veteran's claims for increased ratings for patent foramen ovale, right upper extremity weakness due to TIAs, and TDIU were denied. The Board found that the Veteran did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has remanded the case due to a lack of completed VA Form 21-8940, Application for Increased Compensation Based on Individual Unemployability. The Veteran was not provided with this form in September 2018 and thus did not have an opportunity to submit evidence supporting his claim.

The Board denied the Veteran's request for waiver of an overpayment of pension benefits, finding that recovery would not be against principles of equity and good conscience due to the Veteran's incarceration.

The Veteran's claim for increased ratings for his service-connected low back disability was denied because he declined to undergo a necessary VA examination, which found necessary in order to properly evaluate the severity of his condition.