Other conditions decisions — 2020

The Veteran's appeal for VA non-service-connected disability pension benefits was denied because he did not have qualifying active military service during a period of war, and thus does not meet the eligibility requirements.

The appeal of the veteran's claim for a compensable rating for service-connected bilateral pterygium is dismissed due to the death of the Veteran.

The Board has denied the Veteran's claim for service connection for NASH, finding that there is not enough evidence to support a link between his current condition and his military service.

The Board dismissed the appeals for reopening service connection claims for back pain and cold injury residuals of the bilateral feet due to the Veteran's death.

The Veteran was awarded service connection for restless leg syndrome with a rating of 10 percent effective October 30, 2014. The appellant is entitled to attorney fees in the amount of 20 percent of the past-due benefits awarded.

The Board has remanded the claims for a right leg and hip disorder due to procedural issues, as well as for an addendum opinion regarding the relationship between the Veteran's service-connected disabilities and his claimed conditions. The TDIU claim is also being remanded.

The Board denied a compensable disability rating for the service-connected radiographic evidence of calcified pleural plaques, finding that the Veteran's FVC/FEV-1 ratio has not been below 80 percent predicted at any point during the appeal period.

The Veteran's duodenal ulcer with digestive problems resulted in moderate symptoms, including recurrent severe episodes of nausea and vomiting that occurred four or more times per year. The Board denied a higher rating as the condition did not meet criteria for a higher rating based on incapacitating episodes or anemia/weight loss.

The Board has determined that there is insufficient evidence to verify the Veteran's exposure to herbicide agents during her service at the Naval Air Station in Pensacola, and thus remands for further development. Additionally, a new VA examination is needed to address the relationship between the Veteran’s in-service chronic cervicitis and her subsequent gynecological problems.

The Board has remanded the case for further development to address the etiology of the Veteran's urinary incontinence and its relation to his service-connected right varicocele.

The Board has remanded the Veteran's claims for further development and an additional VA medical opinion to address whether her gall bladder surgery resulted in additional disability, if so, whether it was caused by carelessness or negligence on VA's part, and whether any current left eye disability is related to service. The issues of compensation under 38 U.S.C. § 1151 for residuals of VA gall bladder surgery and service connection for a left eye disability are both remanded.

The appeal was dismissed due to the appellant's death, and no service connection issues were decided.

The Veteran's Raynaud's syndrome claim was denied, and her bunions compensation claim was remanded due to incomplete records.

The Board denied service connection for DVT with resulting implantation of inferior vena cava filter, pulmonary embolism, arterial fibrillation, and leaking mitral valve, finding that the Veteran's current conditions were not caused or aggravated by his military service or a service-connected disability.

The Veteran's claim for a higher rating for syringomyelia prior to February 1, 2020 was denied. However, he is now in receipt of a 30 percent rating for thoracolumbar syringomyelia beginning on that date.

The Board has decided to remand the case due to a need for additional development regarding the appellant's eligibility for special monthly pension (SMP). The main issue is determining if she qualifies for this benefit, which could affect her death pension benefits.

The Board has denied the Veteran's claims for service connection for a skin disability and a disability manifested by joint pain, finding that there is no evidence linking these conditions to his military service.

The Board has remanded the Veteran's claims for service connection for right hip and left knee disabilities due to insufficient evidence regarding his periods of active duty, ACDUTRA, and INACDUTRA. The claims are being returned to the agency of original jurisdiction (AOJ) for further development.

The Veteran's claim for higher than 50 percent level of Post-9/11 GI Bill educational assistance benefits was denied as there is no legal basis to grant the claim. The Veteran had a total of 227 days of qualifying active duty service, but did not meet the criteria for a higher percentage due to having less than 12 months of creditable active duty service.

The Board has decided to remand the case due to incomplete opinions and further development is needed.