Other conditions decisions — 2020

The Board denied service connection for isthmic spondylolisthesis L5-S1, finding that the condition existed before service and was not aggravated by service.

The Board denied an increased evaluation for gout, finding that the Veteran's condition has been manifested by no more than one to two non-incapacitating episodes a month.

The Board denied the veteran's claim for nonservice-connected pension benefits because he did not have active military, naval, or air service during a period of war.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has remanded the case due to missing documentation related to a clothing allowance claim. The AOJ needs to reconstruct and upload all relevant records.

The Veteran's hip disabilities have been granted initial disability ratings of 10 percent for limitation of extension and abduction, adduction, and rotation. The criteria for a higher rating are not met.

The Board has granted a 40 percent disability rating for the Veteran's bladder dysfunction, finding that his symptoms warrant this rating. The preponderance of evidence is against a higher rating.

The Veteran's appeal for an earlier effective date and back pay for his dependent spouse was dismissed because the VA did not receive a notice of disagreement to the March 2018 decision on the form prescribed by the Secretary.

The Board denied the Veteran's claim for an effective date prior to August 6, 2019, for the restoration of full VA disability benefits due to release from incarceration. The earliest notice of release was not within a year of such release.

The Veteran's surviving spouse is not entitled to a payment date earlier than September 1, 2019 for the award of benefits for survivor’s pension with aid and attendance.

The Veteran's request for a waiver of overpayment of VA Retraining Assistance Program benefits was denied because it was not filed within the 180-day period allowed by law.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Veteran's claim for service connection for gastrointestinal disabilities, including a duodenal ulcer without obstruction and peptic ulcer disease, has been granted. The Board found new evidence relevant to the issue of presumptive service connection due to the presumption of sound condition.

The Veteran's AL amyloidosis is granted as service connected due to exposure to herbicides during active duty.

The Board denied the Veteran's request for a waiver of overpayment due to an error in processing his daughter's graduation from college, resulting in an overpayment. The decision found that the debt was validly created and that recovery would not be against equity and good conscience.

The Veteran's appeal for service connection for neck pain, secondary to TMJ and bruxism was erroneously docketed under the AMA system. The Board has dismissed this issue as it does not have jurisdiction over it.

The Board denied a separate rating for dislocated or removed semilunar cartilage of the right knee, finding that there were no symptoms of frequent episodes of locking, pain, and effusion into the joint.

The Appellant's aid and attendance award was incorrectly processed as a 'surviving spouse benefit' instead of her own right. The Board finds this error has the potential to substantiate her claim.

The Board denied the Veteran's claim for service connection for a right leg disability, including right hamstring injury and right hip strain, finding that there was no evidence of onset in or relation to service.

The Board denied service connection for the Veteran's claimed conditions, including bilateral mandibular sagittal osteotomy, anosmia, ageusia, sinus problems, nasal allergies, and dysfunction of salivary and lacrimal glands (claimed as Sjögren’s syndrome), finding that there was no evidence linking these conditions to his in-service jaw surgery.