Other conditions decisions — 2020

The Veteran's left hamstring tear has not resulted in limitation of abduction with motion lost beyond 10 degrees, and therefore a higher rating is denied.

The Board has granted an increased apportionment of the Veteran's monthly VA disability compensation payment to the Appellant, prior to April 1, 2019, based on her financial need and the fact that a 50% apportionment would not result in undue hardship for the Veteran.

The reduction in Department of Veterans Affairs (VA) disability compensation for the purpose of recouping military drill pay and the waiver of recovery of VA compensation benefits are denied.

The Board dismissed the Veteran's claim for service connection for multiple myeloma due to exposure to burn pits, as there was no valid appeal because the AMA and RAMP were not yet in effect when the rating decision was issued.

The Board has determined that recovery of the overpayment is against equity and good conscience, but not for the full amount. The Veteran will be required to repay $24,424.06, with no more than $2,260.72 being recovered.

The Board denied the Veteran's claim for an earlier effective date for SMC based on a need for higher level care, finding that there was no clear indication of daily health-care services being needed prior to October 10, 2018.

The Board found that the overpayment of VA compensation benefits was properly created due to the Veteran's failure to notify VA of her spouse's death, resulting in an erroneous award. The appeal is denied.

The Board has dismissed the Veteran's claim for service connection for residuals of a head injury, including strokes, as it is currently pending with the AOJ and not within the Board's jurisdiction to adjudicate.

The Board denied the appellant's request for an effective date prior to July 1, 2013, for the award of DIC benefits. The claim was received by VA on July 1, 2013, more than a year after the Veteran's death in January 2011.

The Board has decided to remand the case due to a potential error in creating the overpayment debt, and will need to address whether the termination of pension benefits was proper.

The Veteran's degenerative disease of the right foot is granted a rating of 20 percent from November 28, 2018 to March 5, 2020. The Veteran's residuals of a spiral fracture of the right distal fibula are denied more than 20 percent.

The Veteran's appeal is remanded to determine if there was clear and unmistakable error in the May 1991 rating decision that did not assign a separate rating for osteomyelitis, and whether he should be granted a separate rating under Diagnostic Code 5000.

The Board has remanded the claims for service connection for upper extremity nerve disabilities, including peripheral neuropathy (PN), due to exposure to herbicides. The Veteran's current upper extremity nerve disabilities will be evaluated and any etiology opinions provided.

The Board denied initial ratings in excess of 10 percent for right knee arthritis and instability, finding the evidence did not support more than slight limitation of motion or instability.

The Board has referred the Veteran's claim for revision of the October 1997 administrative decision to the RO for consideration in a rating decision. The matter is being remanded due to procedural issues with how the issue was addressed by the RO.

The Veteran's overpayment of VA compensation benefits was denied as recovery would not be against equity and good conscience.

The Board denied service connection for hypopharynx cancer, finding that the condition did not manifest within one year of discharge and was not related to service or exposure to herbicide agents.

The Veteran's request for a waiver of recovery of an overpayment in the amount of $11,159.40 for Post-9/11 GI Bill benefits was found to be timely filed and is now being remanded for further adjudication.

The Board has decided to remand the Veteran's claim for a chest injury as additional development is needed, including obtaining SSA records and private treatment records.

The Veteran's step-son, T.L., is seeking recognition as the helpless child of the Veteran due to permanent incapacity for self-support prior to reaching 18 years old. The appeal requires additional development including proper notice and obtaining SSA records related to T.L.