Other conditions decisions — 2020

The Veteran's claim for an initial evaluation of pain disorder associated with both psychological factors and a general medical condition has been partially granted to 50 percent. The issue remains on appeal as the full grant of benefits sought is not present. Additionally, the Veteran's TDIU claim is remanded due to its inextricability from the increased rating appeal.

The Board has granted service connection for Charcot-Marie-Tooth disease (CMT) of the left and right feet, including their associated conditions such as peroneal muscular atrophy and hammer toes. The decision also grants secondary service connection for hammer toes of the right and left feet.

The Veteran's appeals for a disability rating in excess of 20 percent for lower back strain and for TDIU prior to February 14, 2018 have been dismissed due to the Veteran withdrawing his appeals.

The Board has remanded the Veteran's claims for a compensable initial rating and a rating in excess of 10 percent for pseudotumor cerebri with optic disc edema, papilledema due to conflicting findings regarding visual field impairment.

The Veteran's claim of entitlement to compensation for postoperative left eye residuals under the provisions of 38 U.S.C. § 1151 is being remanded due to new and relevant evidence having been received, which may prove or disprove a matter at issue with regard to the claim on appeal.

The Veteran's request to readjudicate the claims for service connection for a jaw/dental condition and groin pain is granted. The claim for service connection for a jaw/dental condition is remanded, while the claim for service connection for groin pain remains denied.

The appellant is not recognized as the surviving spouse of the Veteran for VA survivor's pension benefits due to her divorce from the Veteran in November 1993 and lack of continuous living with him until his death.

The Board denied the Veteran's request for a waiver of overpayment and service connection, finding that recovery would not be against equity and good conscience.

The Board found that the Veteran's February 2020 claim for revision of the September 1968 rating decision based on CUE was valid and directed the RO to accept it and adjudicate its merits.

The Board has accepted the appellant's claim for survivor’s benefits and the power of attorney in favor of T. Taylor, P.A., as they were signed by R.Y., who is legally authorized to act on behalf of the appellant due to her mental incompetence.

The Board denied service connection for cause of death, finding that the Veteran's lung cancer was not related to his exposure to contaminated water at Camp Lejeune and did not manifest within a presumptive period.

The Board has remanded the Veteran's claims for service connection due to a lack of VA examinations and duty-to-assist errors. The left elbow disability claim is remanded for an examination, while the squamous cell carcinoma of the larynx claim is also remanded with additional considerations regarding asbestos exposure.

The Board has decided to remand the case due to a duty-to-assist error regarding an overpayment debt, specifically because VA did not attempt to obtain documents related to J.V.H.'s claims file between July 2015 and July 2019. The Veteran's claim for DIC or Death Pension was submitted on July 30, 2015.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to incomplete records and the need for an advisory medical opinion regarding the nature and etiology of his head, neck, and rib disabilities.

The Board dismissed the appeal as there was no case or controversy before it, and the effective dates for dependency benefits were already granted.

The Board has decided to remand the case due to an error in determining the validity of the overpayment debt. The Veteran's claim will be reviewed by the AOJ.

The Board has decided to remand the case due to a potential error in creating the overpayment debt, and will need to determine if the debt was properly created before considering the waiver request.

The Veteran's income, after adjusting for expenses, exceeded the maximum annual pension rate (MAPR), thus denying her nonservice-connected pension benefits.

The Board has remanded the Veteran's claims for increased evaluations and a compensable evaluation due to inadequate examinations in previous decisions. The Veteran is required to be provided with new VA examinations to assess current severity of his service-connected right hip strain, left achilles tendonitis, and bilateral Achilles tendonitis.

The Veteran's claim for an initial rating in excess of 10 percent for post herpetic neuralgia right axilla and right lateral chest is denied. The condition is rated under Diagnostic Code 8411, which pertains to the right axilla and right lateral chest.