Other conditions decisions — 2020

The Board has remanded the case due to insufficient evidence of current disability severity and a need for clarification on whether non-service-connected conditions are affecting the service-connected condition.

The Board has denied the Veteran's claims for service connection for deep vein thrombosis (DVT) of both his right and left lower extremities, finding that there is no evidence to support a link between his current DVT diagnoses and his military service. The Board noted that while the Veteran was exposed to various chemicals in service, including those used on alarms, he did not have any vascular conditions during service and developed DVT symptoms years after separation.

The Board has decided to remand the case due to incomplete records and the need for additional medical opinions. The Veteran's cause of death is being reviewed, along with whether his service-connected PTSD contributed to his death or caused his pancreatic cancer.

The Board has decided to remand the Veteran's claims for increased ratings for left hip conditions due to incomplete development and the need for updated VA examination.

The Board has decided to remand the case due to non-compliance with previous orders, and a VA examination is needed to determine if the Veteran's chest pain is related to his service.

The Board found that the overpayment was properly created due to the Veteran's incarceration, but denied his claim for a waiver of the debt as it would be unjust for VA to waive the recoupment.

The Board has denied the Veteran's claim for service connection for a left hip/thigh disorder, finding that there is no evidence of an in-service injury or chronic condition and that any current condition is not related to service.

The Veteran's claim for a special home adaptation grant is granted. The Board finds the Veteran eligible due to his service-connected interstitial lung disease resulting from an inhalation injury during military service. However, the issue of service connection for PTSD remains pending as there are unresolved issues regarding the Veteran's reported stressors and the need for verification.

The Veteran's claim for service connection for a back injury is being remanded due to the need for updated medical records and an examination.

The Board dismissed the appeal regarding the date of removal of A.L. from the Veteran's award as a dependent spouse because there does not remain any case or controversy regarding the propriety of that removal.

The Board has denied the Veteran's claims for service connection for right and left lower extremity shin splints, finding that there is no evidence of a chronic condition during or since military service. The appeal was remanded to address an issue related to the Veteran's left shoulder labral tear.

The Board has decided to remand the case due to an error in creating a debt related to changes in the Veteran's dependents. The validity of this debt needs to be reviewed first.

The Board has granted the Veteran's claim of service connection for an acquired psychiatric disorder as secondary to his service-connected disabilities, including degenerative disc disease of the lumbar spine, bilateral pes planus, degenerative arthritis of the knees, and obstructive sleep apnea.

The Veteran's appeal regarding the timeliness of his July 31, 2019 Higher-Level Review appeal is dismissed as it has been granted.

The Board has restored the Veteran's 100% rating for right leg deep venous thrombosis, effective December 1, 2019. The reduction in rating from 100% to 40% was not proper due to lack of actual improvement.

The Board has remanded the Veteran's claims for service connection for impotency and urinary incontinence due to duty-to-assist errors, including failure to obtain relevant private treatment records and an inadequate VA examination.

The Veteran's claims for service connection for ankylosing spondylitis and spinal stenosis are denied as the earliest possible effective date is April 14, 2015.,Claims for earlier effective dates for radiculopathy of the right lower extremity (femoral nerve) and sciatic nerve, left lower extremity (femoral nerve) and sciatic nerve are also denied.

The Board has decided to remand the case due to a duty-to-assist error and requires an updated opinion regarding the relationship between the Veteran's abdominal aortic aneurysm repair and exposure to contaminants at Camp Lejeune.

The Board has decided to remand the case due to procedural issues related to simultaneously contested claims for DIC benefits. The AOJ must ensure all necessary procedures are followed and then readjudicate the claim.

The Veteran's claim for an effective date prior to January 15, 2019 for special monthly compensation based on the need for aid and attendance was denied as there was no formal or informal claim received before that date.