Other conditions decisions — 2020

The Board has granted service connection for mast cell activation syndrome (MCAS) as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD). The evidence is at least in equipoise that MCAS was aggravated by PTSD.

The Board has granted service connection for the Veteran's preexisting left knee dislocation, finding that it was aggravated by active service beyond its natural progression.

The Veteran's gastroparesis, a result of VA surgical treatment for GERD in April 2006, is found to be caused by carelessness or negligence on the part of VA. The Board has granted compensation under 38 U.S.C. § 1151.

The appeal has been dismissed because the appellant died during the pendency of the appeal, and the Board does not have jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's appeal for service connection for throat cancer due to herbicide exposure and an increased rating for PTSD has been dismissed because the Veteran died during the appeals process.

The Board has determined that the Veteran's T-cell lymphoma is related to his service, and therefore grants service connection for this condition.

The Veteran's DVT of the left and right lower extremities were granted increased ratings to 40 percent effective April 7, 2016. The appeals for higher ratings prior to that date are denied.

The Board has dismissed the issue of entitlement to waiver of an overpayment of nonservice-connected pension benefits in one calculated amount of $11,864.20 as there remains no case or controversy regarding this issue due to a decision by the Committee on Debt and Waivers (COWC) granting a waiver of the full amount of the Veteran's overpayment debt.

The Board denied compensation for a bilateral elbow disability under 38 U.S.C. § 1151 because the evidence did not show that VA care caused the Veteran's disabilities, and the opinions provided by VA examiners were more persuasive than the lay opinion of the Veteran.

The Board has denied service connection for a neck condition and remanded the issue of an initial rating in excess of 10 percent for residual compression fracture, 10th dorsal and strain.

The Board has remanded the case due to inadequate examination and opinion regarding the relationship between the Veteran's right hip impingement and his service-connected left knee chondromalacia.

The Board denied service connection for a TMJ disorder, finding that the evidence did not support a link between current symptoms and service.

The Board found that the Veteran's loss of sight in his right eye was not caused by VA negligence or fault, and therefore denied compensation under 38 U.S.C. § 1151.

The Board has determined that more development is necessary to determine the severity of the Veteran's right and left hand tremor disabilities, specifically addressing the ameliorative effects of medication. The case is being remanded for a new examination.

The Board denied the Veteran's request for a waiver of overpayment due to fault on his part, lack of undue hardship, and no defeat of the purpose of benefits.

The Board has denied the Veteran's claim for service connection for a gastrointestinal disability, including celiac disease. The evidence does not support a finding that her current condition is related to her active duty or any medication taken in conjunction with her service-connected TBI.

The Board has granted DIC benefits for the Veteran's death due to a stage IV sacral decubitus ulcer that developed as a result of VA negligence during his hospitalization, and this ulcer contributed directly to his cause of death from sepsis.

The Board has determined that the remand directives have not been substantially complied with and thus an additional remand is necessary. The Veteran's skin disability to include mycosis fungoides and T-Cell Lymphoma is being remanded for further examination.

The Board has remanded the case due to insufficient medical opinions regarding systemic therapy and immunosuppressive drugs used for seborrhea. The Veteran's medications, including Acyclovir and Benadryl, need to be evaluated.

The Veteran's service-connected injury to tibialis anterior muscle of the right leg has been rated at 10 percent since June 2007, and the Board found that his disability more nearly approximates a moderate level of impairment rather than a higher rating.