Other conditions decisions — 2020

The Board has not fully complied with previous remand directives regarding the issues of attorney fees eligibility and reasonableness. The case is being remanded to ensure full compliance with May 2019 Board remand and all contested claims procedures.

The Veteran's child is not eligible for survivor’s pension benefits due to exceeding the maximum annual pension rate.

The Board has ordered the Veteran to be examined again for his claims of service connection for right foot DJD and right leg shortening. The new opinions must address whether these conditions are at least as likely as not caused by or aggravated by a service-connected disability, specifically his left femur fracture and/or inguinal herniorrhaphy.

The Board denied the Veteran's claim for service connection of aortic aneurysm as secondary to his service-connected PTSD, finding that there is no competent evidence linking the two.

The Board has granted the Appellant's claim for an effective date of December 1, 1988, for DIC benefits. The decision is based on the fact that a lump-sum death payment from Social Security Administration (SSA) within one year of the Veteran’s death should be recognized as an application for DIC.

The Board denied the Veteran's claim for service connection for congestive heart failure, finding that his current heart disabilities are not related to his military service.

The Board has decided to remand the case due to insufficient rationale in a previous VA examination, and a new medical opinion is needed.

The Veteran's skin disability was not shown to be related to service or Agent Orange exposure, and the Board denied service connection for this condition.

The Board has ordered a remand due to insufficient compliance with the February 2019 remand order. An additional VA opinion is needed to address whether the Veteran's bladder impairment, diagnosed as stress incontinence, is caused or aggravated by his service-connected low back condition and prescribed pain medications.

The Board has dismissed the appeal for service connection for status post ear infection and tympanic membrane rupture due to the Veteran's representative withdrawing the appeal. The case of service connection for costochondritis is remanded.

The Board has denied the Veteran's claims for increased ratings for his right inguinal hernia repair and status post umbilical hernia repair, finding that the evidence does not support a higher rating under applicable VA regulations. The scars associated with the hernias are rated at 10 percent.

The Board has remanded the claim for an initial compensable rating for HSV disability due to insufficient VA opinion addressing whether Valacyclovir is a systemic therapy and like or similar to a corticosteroid or immunosuppressive drug.

The Board has remanded the Veteran's claims for hair loss of the scalp and skin condition of the legs and arms due to inadequate opinions from VA examiners. The Veteran is seeking service connection for these conditions, with some contending they are related to in-service herbicide exposure.

The Board found that the overpayment of $17,072.00 was properly created due to the Veteran's receipt of SSA benefits and his failure to report this income promptly. However, a portion of the overpayment ($127.00) is not valid as it occurred due to an erroneous payment release by VA. The appeal for waiver of recovery was denied because the request was not filed within 180 days from the notification of indebtedness.

The Veteran's death was not covered by VA burial benefits as he did not receive any VA compensation or pension at the time of his death.

The Veteran's service connection claim for basal cell carcinoma is granted as the evidence is at least in equipoise that his current condition is related to a lesion removed during service.

The Board dismissed the appeal regarding whether the debt resulting from removing the Veteran's former spouse, A.M., as a dependent was validly created and the issue of entitlement to a waiver of overpayment related to that removal. The Veteran did not file any further appeals or objections.

The Veteran's bilateral hip disorders were not incurred or aggravated by service, and the VA medical treatment did not result in an additional disability. The Board denied service connection for his hip disorders as well as compensation under 38 U.S.C. § 1151.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 as she did not develop an additional disability due to VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault during her October 2008 laparoscopic cholecystectomy.

The Board has remanded the case due to issues related to service connection for a left arm disability and total rating based on individual unemployability (TDIU) prior to December 9, 2014. The Veteran's left arm disability includes tremors, weakness in grip strength, numbness affecting his left upper extremity, and pain from the elbow to his hand. An addendum opinion is needed regarding the nature and etiology of these symptoms.