Other conditions decisions — 2020

The Veteran is seeking an earlier effective date for his award of total disability rating for individual unemployability (TDIU) due to service-connected disabilities. The Board has determined that the AOJ made a pre-decisional error in not obtaining clarification from his former employer regarding his employment status prior to October 26, 2016.

The Board has determined that the Veteran's left and right hip arthritis are service-connected as they are proximately due to or aggravated by her service-connected back, bilateral knee, and lower extremity radiculopathy.

The Board has granted service connection for a liver disorder on the basis that it is proximately due to or the result of the Veteran's service-connected PTSD. The evidence is at least in equipoise as to whether the current liver disorder was caused by alcoholism, which is linked to the service-connected PTSD.

The reduction of the 60 percent rating for ulcerative colitis was improper, and the 60 percent rating is restored. The Board also found a need to remand the issue of entitlement to a TDIU due to incomplete examination reports.

The Board denied the Veteran's appeal for a waiver of recovery of an overpayment of VA improved pension benefits, finding that total recovery would not violate principles of equity and good conscience.

The Veteran's TMJ disorder with loss of teeth #7 and #10 is currently rated as noncompensably disabling. The Board denied an initial compensable rating for these conditions based on the lack of evidence showing interincisal range limited to less than 46 millimeters or lateral excursion limited to less than 6 millimeters.

The Board dismissed the appeals for a rating in excess of 10 percent for metatarsalgia of the right foot, an earlier effective date for service connection, and nonservice-connected pension benefits due to the Veteran's death.

The Board has remanded the case due to a need for additional development, including obtaining an addendum opinion from the VA examiner who previously reviewed Dr. C.'s April 2019 statement.

The Board has remanded the case due to lack of substantial compliance with its previous directives, including obtaining a VA examination and medical opinion regarding the Veteran's employability. The Veteran is asked to provide updated information on his employment history, particularly from Walmart’s Iron Mountain facility and Lowe's.

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

The Board has granted the reinstatement of a 100% disability rating for keratoconus and TDIU back to March 11, 2002 due to fraud charges being dismissed.

The Board denied a compensable initial rating for the Veteran's asymptomatic pulmonary granuloma, finding that there is no evidence of current functional impairment.

The Veteran's death was not service-connected, and the appellant did not meet the criteria for VA burial benefits as her claim was filed outside of the two-year deadline.

The Board has dismissed the appeal of the overpayment claim because the reduction in rating for the Veteran's service-connected keratoconus was found to be improper and void ab initio, thus eliminating the overpayment.

The Veteran's request for a waiver of recovery of the overpayment of compensation benefits in the amount of $27,365.72 is remanded due to an unclear timeline regarding when he received notification and his inability to timely file the request.

The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's fatigue and his service in Southwest Asia, as well as whether it is related to a medically unexplained chronic multi-symptom illness (MUCMI).

The Veteran's bilateral cataracts with post-operative pseudophakia, including dry eye syndrome are rated at a 10 percent disability level.

The Board has remanded the case due to insufficient consideration of medical articles and studies submitted by the Appellant regarding radiation exposure in service. The examiner is asked to provide an addendum opinion on whether it is at least as likely as not that the Veteran's cause of death was related to his exposure to ionizing radiation during service.

The Board has denied the Veteran's claim for service connection for a lung condition as there is no current diagnosis of such condition.

The Board denied requests for earlier effective dates for TDIU and DEA benefits, finding that the Veteran did not meet eligibility criteria prior to June 21, 2013.