Other conditions decisions — 2019

The Board has remanded the case due to insufficient consideration of all relevant evidence, including medical records and lay statements. The Veteran's cause of death is being reviewed for service connection.

The Veteran's claim for service connection for gastritis, including as secondary to a splenectomy or exposure to hazardous materials, is denied. The Board found no current diagnosis of gastritis and insufficient evidence linking any in-service gastritis to present symptoms.

The Veteran's left ingrown toenail disability is rated at a 10 percent level, but not higher. The rating is based on the pain and tenderness of the scar-like area.

The Board has decided that the change in the Veteran's means test eligibility category from copay exempt to copay required for income year 2015 was improper and has remanded the case for further action.

The Veteran died in a private hospital due to cardiorespiratory arrest. The appellant asserts that the Veteran was receiving care at VA expense, but there are no records available. The Board orders additional action including obtaining authorization for private hospital records and VA treatment records from January 2014 through January 2015.

The Veteran's compensation claim for residuals of left eye cataract surgery under 38 U.S.C. § 1151 is denied because the VA care did not result in additional disability, and there was no fault on VA’s part.

The Veteran's appeal for a total rating based on individual unemployability (TDIU) has been dismissed due to the death of the appellant.

The Board has remanded the case due to inadequate compliance with a previous remand, and requires an addendum medical opinion regarding the cause of death.

The Veteran's claims for increased ratings for right-hip osteoporosis (limitation of flexion) and right-hip osteoporosis (limitation of rotation) were denied as the evidence did not show that the hip conditions more closely approximated the criteria for a disability evaluation in excess of 10 percent.

The Board denied the Veteran's claims for service connection for systemic lupus erythematosis, scleroderma, and discoid lupus erythematosus due to lack of evidence of an in-service incident or a nexus. The claim was reopened based on new evidence submitted after the May 2006 rating decision.

The Veteran's overpayment of $34,070.00 is not a validly created debt and the claim for waiver of recovery of an overpayment of VA pension benefits in the amount of $7,270.00 is granted.

The Veteran's claim for an initial compensable rating for his service-connected residuals of squamous cell carcinoma, atypical solar lentigo of the left posterior helix and right forearm, and left cheek actinic keratoses is remanded due to a lack of a VA examination.

The Board has found pre-decisional duty to assist errors in the Veteran's claims for service connection and a compensable evaluation for rheumatic fever, dizziness, fatigue, endocarditis, and atrial fibrillation. The claims are being remanded for additional development including obtaining private treatment records and providing the Veteran with VA examinations.

The Board has denied the Veteran's claim for service connection for residuals of a deviated septum from a broken nose, finding no current disability and insufficient evidence linking any in-service injury to his post-service condition.

The Board has denied the Veteran's claim for service connection for bilateral blindness, finding that there is no evidence to support a link between his current condition and his military service.

The Board has granted a waiver of overpayment in the amount of $4,836.00 due to the appellant's good faith efforts and the surviving spouse's current financial situation.

The Board has granted service connection for arthritis of the bilateral fingers, finding that it is related to service and not due to any other cause.

The Veteran's bilateral flatfoot has been granted a 30 percent rating, while her left foot tendonitis of the 4th-5th metatarsal remains at a 10 percent rating.

The appeal for service connection for tonsil cancer of airway/function is dismissed as the Veteran did not opt into RAMP and the February 11, 2019 rating decision was not a RAMP decision.

The Board has decided that the pension benefits reduction for the Veteran should be reconsidered due to a duty to assist error. The decision is remanded and requires obtaining a Care Expense Statement.