Other conditions decisions — 2020

The Veteran's appeal for a higher rating for his service-connected left shoulder disability was denied as the evidence did not show limitation of motion to at least 25 degrees from the side, which would warrant a 30 percent rating.

The Veteran's claim for a higher initial rating for his other specified trauma and stressor related disorder, currently rated as 30 percent disabling prior to November 14, 2018 and 50 percent thereafter, is granted. The Board finds that an increased 50 percent rating is appropriate from February 9, 2015 onwards.

The Board denied the appellant's request for an earlier effective date of September 6, 2019, for the award of survivors' pension with aid and attendance benefits.

The Veteran's overpayment of VA disability compensation benefits has been resolved and there is no longer any debt to recover, thus the appeal is dismissed.

The Board has decided to remand the case due to a failure to obtain relevant medical records, particularly those from VA facilities in Atlanta where the Veteran was treated for his umbilical hernia.

The Board has granted service connection for urinary incontinence as being proximately due to the Veteran's service-connected hysterectomy residuals.

The Veteran's death was caused by pancreatic cancer, which is not presumed to be due to service exposure. However, the VA will seek a medical opinion to determine if his liver cancer (which is presumed) and/or pancreatic cancer were proximately due to or the result of service.

The Veteran seeks an earlier effective date for her service-connected gynecological disability, alleging clear and unmistakable error (CUE) in a March 2008 rating decision. The Board denied this claim as there was no CUE.

The Board has granted service connection for the Veteran's right triceps injury, finding that it was caused by his service-connected disabilities: primarily his right knee disability and also his left thigh muscle injury and lumbar strain.

The Veteran's request for service connection for idiopathic photophobia with blepharospasm of the right eye was denied. The Board also remanded the issue of service connection for a respiratory disorder manifested by shortness of breath, to include as due to service in Southwest Asia.

The Board has dismissed the appeal due to the appellant's request for withdrawal of the appeal, as he filed a Notice of Disagreement (NOD) regarding an incorrect calculation of attorney fees in a June 2020 fee decision. A corrected fee decision was issued in August 2020 that granted additional fees.

The Board denied the Veteran's claims of service connection for chronic urinary tract infections and skin tags/moles, finding that there was no causal relationship between these conditions and her military service.

The Veteran's net worth is below the limit for pension eligibility, and he meets the income requirements to receive nonservice-connected pension benefits with special monthly pension based on need for aid and attendance. His claim for pension benefits is therefore granted.

The Board has remanded the case due to a need for additional medical examination and to obtain missing service treatment records.

The Board has determined that the appellant's income is less than the maximum annual death pension rate, allowing her to receive nonservice-connected death pension benefits.

The Veteran's L4-L5 disc bulb with residual back pain did not meet the criteria for a higher rating from July 1, 2019. The existing schedular criteria adequately described his condition.

The Veteran's shin splint disability is being remanded for a new examination to assess its current severity and for obtaining private treatment records.

The Veteran's additional disabilities, including stomach and urinary tract problems resulting from a VA surgical treatment for esophageal cancer in January 2011, are not considered to be proximately caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA. Therefore, compensation under 38 U.S.C. § 1151 is denied.

The Veteran's claim for nonservice-connected pension with aid and attendance benefits was pending prior to his death. The appellant has submitted a timely request for substitution, and the burial benefits claim is inextricably intertwined with this pending claim. The matter is therefore remanded.

The Board has granted service connection for atherosclerotic cardiovascular disease on a presumptive basis due to the Veteran's exposure to herbicide agents in the Republic of Vietnam. The condition is currently rated at 10 percent.