Other conditions decisions — 2020

The Board denied the Veteran's request to reopen his claim for service connection for residuals of a brain tumor, finding that no new and material evidence had been submitted. The evidence received since the April 2007 decision was considered but found not to be new or material.

The Veteran withdrew their appeal, and the Board dismissed it due to the withdrawal.

The Veteran's claims for service connection for a lung disability and heart disorder, claimed as secondary to the lung disability, were denied. The lung disability claim was denied due to lack of evidence showing mustard gas exposure in service or a link between the disability and military service. The heart disorder claim was denied because there is no service-connected lung disability to support a secondary service connection theory.

The Veteran's claim for service connection for dysthymia was granted with an effective date of October 21, 2013.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's pre-existing bronchiectasis increased in severity during his active duty service and if so, whether it was clear and unmistakable that this increase was due to the natural progress of the disease.

The Board has granted service connection for left hip arthritis, and assigned a disability rating of 10 percent. The effective date is to be determined based on the specific circumstances of this case.

The Board denied the Veteran's claim for service connection of larynx cancer, finding that there was no direct evidence linking his current condition to his military service. The Board also found insufficient evidence to support a presumption of herbicide exposure in Thailand.

The Board has remanded the case due to outstanding service medical records and a request for an upgrade in the character of discharge. The Veteran's gastrointestinal disability, including esophageal ulceration, is being reviewed for possible service connection.

The Board has remanded the case due to incomplete development of the overpayment debt and lack of explanation for changes in the amount owed.

The Board has decided that the Veteran's cold injury service-connected disabilities have not been evaluated by VA examination since 2015. More recent VA treatment records reflect changes in the severity of these disabilities, and updated VA examinations are needed.

The Board denied the Veteran's claim for service connection for peripheral vascular disease of the bilateral lower extremities, finding no evidence that it was incurred in or aggravated by service. The Board also found insufficient medical opinion to support a secondary service connection claim based on his service-connected pes planus.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's herpes infection was caused by contaminated instrumentation used during her January 2012 surgical procedure at the VA Medical Center in Houston, Texas.

The appeal for compensation under 38 U.S.C. § 1151 for a right eye disability is dismissed due to the Veteran's death.

The Board has remanded the claim for an initial rating in excess of 10 percent for a left eye disability due to additional development and consideration of new evidence.

The Board has remanded the cases for a new VA examination to assess the current severity of the Veteran's service-connected right and left leg tibia fracture residuals, including pain on active and passive motion, weight-bearing, and non-weight-bearing.

The Board has granted a special apportionment of the Veteran's VA disability compensation benefits to the appellant on behalf of their child, C.S., in the amount of the dependency allowance for one dependent child, effective May 1, 2013. The decision is based on financial hardship and does not involve service connection.

The Board has determined that the Veteran's current left knee disability, including diagnosed degenerative joint disease, is etiologically linked to his documented in-service left knee injury and symptoms. As such, service connection for this condition is granted.

The Board has decided to remand the case due to non-compliance with procedural requirements for simultaneously contested claims, including not providing the appellee with the content of the Veteran's November 2017 substantive appeal and not rescheduling a hearing.

The Board denied the Veteran's claim for service connection for Barrett's esophagitis, finding that it did not have its clinical onset during or as a result of service, including herbicide agent exposure, and is not otherwise related to service or his service-connected acquired psychiatric disability.

The Veteran's skin disability rating was reduced from 10 to 0 percent, effective April 17, 2018. The Board has restored the 10 percent rating for hypertrichosis (skin disability) as of April 12, 2018.