Other conditions decisions — 2020

The Veteran's claim for an increased rating in excess of 40 percent for his right eye prosthesis was denied. The Board found that the evidence did not support a higher rating based on anatomical loss or visual acuity, and there were no incapacitating episodes warranting a higher rating under the revised criteria. For the TDIU claim, the Veteran's combined disability rating of 60 percent did not meet the schedular criteria for a TDIU due to his other service-connected disabilities.

The Board denied the Veteran's claim for an earlier effective date for nonservice-connected Veteran pension benefits, finding that the earliest effective date is March 6, 2020, based on the Veteran's submission of his intent to file a claim.

The Board denied an appeal of a March 7, 2015 rating decision that denied recognition of the Veteran's child as his helpless child. The appeal was not timely filed.

The Board has remanded the cases for further development due to insufficient notice of a VA examination.

The Board has decided to remand the case due to insufficient evidence regarding an earlier effective date for DIC benefits. The Appellant claims that her initial claim for SSA death benefits should have also constituted a de-facto claim for VA DIC benefits, but there is no documentation of such application in the file.

The Board denied an earlier effective date for service connection of paralysis of the fifth cranial nerve, finding that no prior claim was filed before May 21, 2012.

The Board has decided to remand the case due to insufficient reasoning and evidence regarding the Veteran's claim of service connection for basal cell carcinoma, which includes a discussion on herbicide agent exposure. The decision is pending further examination and opinion.

The Board granted a separate 30 percent rating for neuritis of the right fifth cranial nerve from March 22, 2016. For the period prior to that date, the Veteran was awarded a 10 percent rating for neuritis of the left fifth cranial nerve and no higher rating for neuritis of the right fifth cranial nerve.

The Board has granted a 10 percent disability rating for the Veteran's service-connected compound fracture of the left little finger, effective from the date of his claim.

The Veteran's service-connected cerebral ataxia due to encephalitis is rated at 10 percent, and the Board denied an increased rating as there was no evidence of active encephalitis or other residuals that would warrant a higher rating.

The Veteran's initial compensable rating for Horner's syndrome causing left eyelid ptosis and anisocoria is being remanded due to the inadequacy of a previous VA examination. A new examination is required, and any untranslated Spanish correspondence must be translated.

The Veteran's hyperkeratosis of the bilateral feet was rated at 60 percent effective July 1, 2008. The reduction to 10 percent in both ratings from September 1, 2010 and September 21, 2012 were improper. Restoration of a 60 percent rating for this disability is granted.

The Veteran's appeal was dismissed due to their death, and the case is not eligible for substitution by a surviving party.

The Veteran's service connection claim for a groin disability, including varicocele, is granted as his current groin pain and varicocele are found to be related to his active duty service.

The Board has ordered a remand for further examination and opinion regarding the Veteran's recurrent skin rashes, including their relation to service and presumed exposure to herbicide agents.

The Board has decided to remand the case due to an inadequate VA opinion regarding the relationship between the Veteran's idiopathic pulmonary fibrosis and his military service, including herbicide agent exposure.

The Veteran's appeal has been dismissed due to their death, and the Board does not have jurisdiction to adjudicate the merits of this case.

The Veteran's request to reopen a previously denied claim for service connection for gastrointestinal disability is granted. Service connection for gastrointestinal disability is denied.

The Board has remanded the case due to insufficient compliance with previous directives and for further development, including obtaining an addendum opinion from a dental examiner.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's split toenail deformities are related to service, including any trauma that may have occurred in service.