Other conditions decisions — 2020

The Veteran withdrew his appeal for an initial compensable rating for a skin disability prior to the Board's decision.

The Veteran requested to withdraw his appeal for the issue of entitlement to a TDIU, and the Board dismissed the appeal as a result.

The Board dismissed the Veteran's appeal for an earlier effective date of January 31, 2017 for his TDIU as no case or controversy remains due to a prior adjudication and the cancellation of a hearing.

The appeal for compensation under 38 U.S.C. 1151 due to a postoperative incisional hernia is dismissed because the appellant died during the pendency of the appeal.

The Board denied an increased rating for peritoneal adhesions with scar of the right rectus, finding that a rating in excess of 10 percent prior to July 26, 2015 is not warranted. From September 1, 2015 (excluding convalescence period), a rating in excess of 30 percent for peritoneal adhesions was also denied.

The Board denied a rating in excess of 30 percent for atrial fibrillation with cardiomegaly, finding that the Veteran's symptoms did not meet or approximate the criteria for a higher disability rating.

The Board has dismissed the issue of whether an overpayment of nonservice-connected disability pension benefits in the amount of $9,551 was properly created due to a lack of justiciable issue.,The Veteran's claim for waiver of recovery of the debt in the amount of $9,551 is remanded as there are missing documents in the claims file.

The Board denied the Veteran's claim for service connection for residuals of a stroke, finding that there is no current diagnosis of a stroke or its residuals.

The Board denied the Veteran's claim for an initial compensable rating for his service-connected left fifth finger disability, finding that the highest schedular rating available did not adequately describe or compensate for his disability. The decision also noted that extraschedular consideration was not warranted.

The appeal has been dismissed because the appellant died during the pendency of the appeal.

The Board has determined that the Veteran's anosmia is not related to service and denied his claim for service connection.

The Veteran's claim for a separate compensable rating for a muscle group injury as a residual of service-connected pelvic fractures is denied.,The effective date for the award of service connection for PTSD, adjustment disorder with mixed depression and anxiety with residual of traumatic brain injury is granted to July 3, 2007.,The Veteran's claims for initial ratings in excess of 10 percent for limitation of flexion of the right hip and left hip are remanded.,Additional VA clinical records must be obtained and a new VA examination scheduled.

The Board has remanded the claim of service connection for diverticulitis due to insufficient consideration of the Veteran's lay statements regarding his symptoms from service and post-service. The case is returned for further development.

The Veteran's intervertebral disc syndrome (IVDS) disability was initially rated at 10 percent prior to July 1, 2020. The current rating of 40 percent is denied as the disability does not meet the criteria for a higher rating based on range of motion or incapacitating episodes.

The Board denied the appellant's motion to revise a January 2020 decision, finding that there was no clear and unmistakable error in determining that he did not satisfy the definition of a 'veteran' for VA compensation purposes due to lack of service department records documenting any period of active duty or training.

The Veteran's claim for a temporary total disability rating based on the need for convalescence due to left foot surgery in November 2007 was denied as the surgery did not relate to his service-connected bilateral pes planus and associated left ankle strain.

The appeal was dismissed due to the death of the appellant.

The Veteran's appeal for a total disability based on individual unemployability has been dismissed due to the death of the Veteran.

The Board has determined that the Veteran's skin condition, Pityriasis Rubra Pilaris (PRP), was not caused by or aggravated by VA treatment. The claim for compensation under 38 U.S.C. § 1151 is denied.

The Board has found that there has not been substantial compliance with its October 2019 remand directives and thus a new remand is necessary to obtain VA treatment records from the New Jersey VA.