Other conditions decisions — 2020

The Board has determined that the issue of entitlement to an apportionment of the Veteran's VA benefits to the appellant, on behalf of the minor child L.L., is not ripe for appellate review due to procedural issues. The case involves a simultaneously contested claim and requires full compliance with special procedural regulations.

The Veteran's claims for increased ratings for his service-connected bilateral tibia fractures with patellar chondromalacia and degenerative joint disease were denied. The Board found that the evidence did not support a rating in excess of 10 percent for either knee.

The Veteran's claim for service connection of prostatitis was dismissed due to his death.

The Board has remanded the claims for service connection due to inadequate VA opinions and the need for additional evidence. The Veteran's symptoms of numbness, pain, and loss of grip strength in his hands are being evaluated further.

The Board denied the Veteran's claims for earlier effective dates for additional compensation for his dependent spouse and two children, as he did not provide notice of their existence within one year of VA notifications.,VA awarded the Veteran additional compensation for his dependents starting from December 23, 2015. The Veteran argued that an earlier date was warranted due to incorrect advice about automatic add-ons and non-receipt of notices.

The Veteran's TDIU claim is dismissed as moot because he has already been awarded a 100% schedular rating for his service-connected disabilities, which effectively grants him the benefit of his claim.

The Veteran's service-connected pleural plaques caused or contributed to his death due to an accidental fall while using a nebulizer for treatment of these conditions.

The Board has granted service connection for hypogonadism as secondary to the Veteran's service-connected mastitis of the left breast, finding that the evidence is at least in equipoise as to whether his condition was caused or aggravated by his active duty military service.

The Veteran's income exceeded the maximum allowable pension rate for nonservice-connected disability pension benefits prior to September 5, 2019. Therefore, he is not entitled to these benefits.

The Board denied the Veteran's claim for service connection for a left eye disability, finding that the preponderance of evidence does not support a link between his current eye condition and his military service.

The Board denied the Veteran's appeals regarding termination of VA additional compensation benefits due to removal of a spouse and addition of a new spouse, finding that recovery of overpayment was not against equity and good conscience.

The Board has denied the Veteran's claims for service connection for elbow disability and vitamin deficiency, finding that there is no competent evidence of a current chronic disability due to military service. The issues have been remanded for further examination and opinion regarding the severity of his service-connected eye disability, lumbar spine, left knee, and right knee disabilities, as well as whether his sleep apnea is related to service.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the nature and etiology of his nasal disabilities, allergic rhinitis, obstructive sleep apnea, and back disability. The claims are being returned for further development.

The Veteran's appeal is remanded for further action on his claims of increased ratings for left eye injury and bilateral knee osteoarthritis.

The Veteran's service-connected left foot hallux valgus and hammer toe, second toe of the left foot, were denied as they did not meet the criteria for a compensable evaluation.

The Veteran's niece, who was named executor of her estate after the Veteran's death in October 2013, filed a claim for accrued benefits. The Board denied this claim as there were no extenuating circumstances to justify equitable tolling of the one-year filing deadline following the Veteran's death.

The Board has granted service connection for right and left foot tendonitis, finding that the Veteran's current conditions are related to her in-service injuries.

The Board denied the claim of service connection for the cause of the Veteran's death, finding that there was no evidence linking any service-connected disability to his death.

The Board denied the Veteran's claims of service connection for a respiratory disorder and a skin disorder, finding that there was no clear and unmistakable evidence of pre-service asthma or other respiratory conditions. The Board also found that the Veteran did not have any documented skin disorders during service and that his current conditions are more likely due to post-service factors such as sun exposure and genetics.

The Veteran's appeals have been dismissed as he withdrew his appeal with respect to all issues before the Board.