Other conditions decisions — 2020

The Veteran's combined neutropenia-and-MDS symptoms met the criteria for a higher, 30 percent rating from July 19, 2012 to December 22, 2013.,An effective date of July 19, 2012 is granted for a TDIU rating due to service-connected MDS and neutropenia making the Veteran unemployable.

The Board has determined that the Veteran's current diagnosis of neurogenic bladder is related to an in-service injury, and thus service connection for this condition is granted.

The Board has decided to remand the case due to incomplete development and the need for a new medical opinion. The Veteran's claim of compensation under 38 U.S.C. § 1151 is being reviewed.

The Veteran's appeal for the recouping of overpayment for FY 2008 drill pay is granted as the recalculated amount was found to be erroneous.

The Board has decided to remand two claims for an evaluation in excess of 10 percent for gout with patellofemoral chondromalacia of the left and right knees due to a lack of compliance with VA examination requirements.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's hepatic steatosis is related to his service at Camp Lejeune or secondary to his service-connected hepatitis B.

The Veteran's claim for service connection for other specified trauma or stressor related disorder, including alcohol abuse, was granted effective April 15, 2014. His claim for sleeplessness was denied.

The Board has granted service connection for the Veteran's unspecified neurocognitive disorder, finding that it is at least as likely as not incurred in or caused by his military service.

The Board denied the Veteran's claim for service connection for small intestine/colon cancer, finding that there was no evidence of a connection to active duty service or herbicide exposure. The preponderance of the evidence did not support presumptive service connection due to radiation exposure.

The Board denied the Veteran's claim for service connection for cancerous brain tumors, finding that while he was exposed to contaminated water at Camp Lejeune during his military service, there is no evidence of a disease or injury in service that caused his current condition. The Board also found that cancerous brain tumors are not one of the specifically enumerated disorders for which presumptive service connection applies based on exposure to contaminants at Camp Lejeune.

The Board dismissed the claims of service connection for the cause of the Veteran’s death and nonservice-connected survivor pension benefits due to withdrawal by the Appellant.

The Board has determined that the Veteran's service-connected diabetes mellitus, type II, contributed to his death from metastatic pancreatic cancer due to in-service herbicide exposure. The cause of death is therefore considered to be related to service.

The Board denied the Appellant's petition to reopen the claim of entitlement to service connection for residuals of a punctured lung, finding that it was not incurred in line of duty and resulting from willful misconduct. The Veteran had consumed alcohol and driven while intoxicated, leading to an accident where he suffered injuries including a punctured lung.

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 Veteran's claim for service connection for nonexudative age-related macular degeneration (claimed as blindness) is dismissed because the Veteran did not file a written claim and there was no appeal to the Board.

The Board has determined that the Veteran's lower extremity neurological sleep disorder, diagnosed as PLMS, involuntary limb movement, and RLS, had its onset during or is etiologically related to his time on active duty. As a result, service connection for this condition is granted.

The Veteran's service-connected nephropathy alone prevents him from securing or following substantially gainful employment, and he is granted TDIU. Additionally, the Veteran meets the criteria for SMC at the housebound rate due to his service-connected disabilities.

The Board denied increased disability evaluations for cold injury residuals of the right and left feet, currently rated at 30 percent each. The evidence did not support a higher rating.

The Veteran's costochondritis has been rated at 20 percent since August 26, 2019. The Board found the May 2014 VA examination inadequate and granted a higher rating based on more recent evidence.

The Veteran's initial ratings for her thigh disabilities have been denied as the evidence does not show flexion limited to 20 degrees or extension limited to 5 degrees, which would warrant a higher rating.