Other conditions decisions — 2020

The Board has remanded the case due to a lack of consideration of the Veteran's contentions regarding the adequacy of the June 2017 VA examination report. The examiner is requested to address these concerns and provide an opinion on whether it is at least as likely as not that the Veteran’s claimed respiratory disability was incurred in or is otherwise related to service.

The Board has granted service connection for residuals of a left fractured collarbone and residuals of a cold weather injury to the feet, finding that these conditions are related to service.

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

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's skin condition and its relation to his service-connected conditions.

The Veteran's claim for an effective date of May 1, 2013 for the assignment of a separate rating of 20 percent for peroneal spastic flat foot with calcaneal navicular arthritis in both feet has been granted.,The Veteran's claims for increased ratings for his service-connected bipolar disorder and bilateral foot disabilities are remanded for further development.

The Veteran's left fifth metatarsal fracture is currently rated at 10 percent and the Board has determined that a higher rating is not warranted.

The Veteran's TDIU claim was denied because he has been gainfully employed as a rural mail carrier since January 1999, and his income substantially exceeded the poverty threshold for each year of the appeal period. The Board found that his employment did not occur in a protected or sheltered work environment.

The Veteran's appeal for special monthly compensation due to being housebound has been dismissed because the Veteran died before a decision could be made.

The Veteran's residuals from the left partial maxillectomy, orbital floor reconstruction, and subsequent radiation therapy are not considered to be due to VA carelessness, negligence, or lack of proper skill. The Board found that these complications were reasonably foreseeable.

The Veteran's benign hyperpigmentation is rated at 30 percent, effective July 19, 2013. Service connection for chronic bilateral conjunctivitis is granted.

The Veteran's claim for a compensable rating for left eye corneal erosion was denied. The new and material evidence received allowed the reopening of his claim for service connection for right knee bursitis, which was granted. The appeal regarding hypertension is still pending.

The Board has remanded the case due to new evidence received since the last Supplemental Statement of the Case (SSOC). The Veteran's claim for TDIU will be reconsidered by the agency of original jurisdiction (AOJ) with consideration of this additional evidence.

The Board has remanded the claims for right tibia and fibula fracture residuals and TDIU due to insufficient development in the prior examinations.

The Veteran's appeal of service connection for a sleep disorder has been dismissed as the appellant effectively withdrew the issue from the Legacy appeal process.

The Board has decided to remand the case due to errors in enrollment certifications and overpayment of educational assistance benefits. The Veteran's attorney will need to provide additional information, including evidence from Clerical Art School regarding duplicate course enrollments.

The Veteran's skin disorder, including lumps in the chest area, is remanded for a VA examination to determine if it is related to his service exposure to Agent Orange.

The Board denied the appellant's claim for VA survivor's pension benefits because her income exceeded the maximum annual pension rate.

The Board found that the appellant's discharge was due to acceptance of an undesirable discharge to escape trial by general courts-martial and commission of a crime of moral turpitude, thus denying VA benefits.

The Board has remanded the Veteran's claims for service connection for bilateral fifth finger conditions due to incomplete information in previous examinations and the need for updated VA treatment records.

The Veteran's neurogenic bladder has been granted a disability rating of 40 percent, the highest available under the criteria for urinary frequency.