Other conditions decisions — 2020

The Veteran's service-connected bilateral lower extremity radiculopathy has resulted in a condition that renders him eligible for financial assistance and special monthly compensation based on loss of use.

The Veteran's right and left foot injuries with arthritis are currently rated at 10 percent each, but the Board finds that they do not warrant a higher rating as there is no evidence of more severe impairment.

The Board has remanded the claim for service connection for a sinus condition due to incomplete compliance with prior remand instructions and the need for an additional VA examination by an ENT specialist.

The Board has denied the claim for service connection for chronic ear infections as there is no current disability, including a chronic ear infection.

The Board has determined that the appellant's discharge from service was due to willful and persistent misconduct, but also found evidence of insanity at the time. Therefore, the character of his discharge does not constitute a bar to VA benefits.

The Board denied the Veteran's claim for service connection of residuals of an umbilical infection, finding that there is no evidence to support a direct link between his current condition and his military service.

The Board has decided to remand the Veteran's appeals for a rating reduction from 100 percent to 10 percent for cancer of the larynx, as well as his claims for an increased rating and TDIU. Additional development is required due to the complexity of the case.

The appeal was dismissed due to the appellant's death.

The Board has remanded the case due to inadequate medical opinions regarding the relationship between the Veteran's radiculopathy and his service-connected cervical spine disability, as well as any right arm or hand disabilities. Additional development is needed.

The Veteran's claims for increased disability ratings for panic disorder and left eye enucleation with central serous retinopathy are being remanded due to the need to obtain additional VA medical records.

The Board has remanded the claims for liver and prostate disabilities as secondary to diabetes mellitus type II due to new evidence found in CT scans.

The Board has remanded the Veteran's claims for a rating in excess of 30 percent for residuals of a right tibia and fibula fracture, an effective date prior to March 15, 2013, for TDIU, and an effective date prior to March 15, 2013, for eligibility to Dependents' Educational Assistance (DEA). The claims are remanded due to the need for a new VA examination.

The Board has remanded the cases due to inadequate consideration of the Veteran's lay statements and failure to discuss their credibility in the previous decision.

The Board has remanded the Veteran's claims for an increased rating and TDIU due to medical complexity requiring an independent medical advisory opinion. The issues are related to the Veteran's non-union sternotomy.

The Board denied the Veteran's claim for service connection for discoid lupus erythematosus, finding that there was no evidence linking his current condition to his military service or exposure to herbicide agents.

The Veteran's right foot injury has resulted in moderately severe impairment, but not severe enough to warrant a higher evaluation. The Board denied the claim for an initial evaluation in excess of 20 percent.

The Board has granted a 10 percent rating for bilateral flatfeet, left foot hallux valgus with hammertoes (prior to August 15, 2017), right foot hallux valgus, and right foot hammer toes. The Veteran's conditions are rated based on their direct service connection without any presumption or secondary basis.

The Veteran's SMC for blindness in one eye with light perception only is remanded due to a pre-decisional duty-to-assist error and the need for a new VA examination.

The Veteran's death was not service connected, and the appellant did not provide evidence of a pending claim for compensation or pension benefits at the time of his death. Therefore, the criteria for nonservice-connected burial benefits were not met.

The Board denied the Veteran's request for a waiver of recovery of overpayment of VA improved pension benefits, finding that recovery would not be against equity and good conscience. The decision does not address service connection issues.