Other conditions decisions — 2020

The Veteran's claim for an increased disability evaluation for his service-connected brachial plexitis is being remanded due to the failure of a scheduled VA examination.

The Board denied the Veteran's claim for service connection for malaria, finding no current diagnosis of an infectious disease or residuals thereof.

The Board denied the claims of service connection for arthritis of the right leg, left leg, and multiple joint arthritis due to a lack of evidence showing these conditions had their onset in service or were related to an injury or disease during service.

The Board has remanded the case due to inadequate VA examinations and failure to obtain private medical records. The Veteran's claim for service connection for bilateral blindness is pending.

The Board has not addressed the claims of clear and unmistakable error in previous rating decisions that denied service connection for a right hand condition. The appeal for an earlier effective date is remanded due to procedural issues.

The Veteran's step-children, E.J. and A.J., are not entitled to an apportionment of his benefits as they are not biological children. The Board has determined that B.S., the ex-wife of the Veteran, has proper legal standing in this appeal due to her status as a dependent child. However, the procedural steps necessary for full adjudication have not been completed and the case is remanded.

The Board has remanded the pension claims for further development, including a general medical examination and submission of financial information.

The Veteran's children are in the custody of W.S., and he is requesting a larger apportionment of his VA compensation benefits on behalf of his biological children. The Board finds that full compliance with contested claims procedures has not been completed, and remands for further action.

The Board has granted the Veteran's claim for service connection for mucoepidermoid carcinoma of the left posterior palate, finding that there is at least an equipoise in the evidence regarding whether his condition was related to exposure to depleted uranium during service. The decision also notes that the Veteran did not have a family history of the cancer and received the diagnosis under the age of 30.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's cocaine addiction and its relation to his in-service nasal surgery. The AOJ is instructed to obtain an independent medical opinion from a licensed Addiction Medicine Specialist with a pharmacology or forensics background.

The Veteran's nephew did not file a claim for accrued benefits within one year of the Veteran's death, resulting in the denial of the claim.

The Board has remanded the Veteran's claims for a compensable evaluation for peptic ulcer and TDIU due to worsening symptoms since his last examination.

The Veteran's cause of death, respiratory arrest due to esophageal cancer, is denied as not related to service or presumed exposure to herbicides.

The Veteran's claim for an effective date earlier than April 12, 2011, for the award of nonservice-connected pension was denied as he failed to provide sufficient information concerning his employment and income.

The Board has decided to remand the cases for further examination and evaluation due to inconsistencies in medical records regarding the Veteran's knee conditions.

The Board has denied service connection for a respiratory disability and right foot arthritis. The case is being remanded to obtain additional medical opinions and evidence.

The Board denied the Veteran's claim for an initial rating in excess of 10 percent for his right middle finger disability, finding that the evidence did not support a higher rating based on the current manifestations of arthritis and ankylosis.

The Veteran's right scapula disability is rated at 20 percent for the entire period on appeal, as it results in limitation of motion to 90 degrees.

The Veteran's toenail fungus has been rated at 30 percent since February 25, 2010. The Board found that the condition does not meet or approximate criteria for a higher rating.

The Veteran's claims for a higher rating for left and right elbow pain with bursitis have been denied as the evidence does not show flexion limited to less than 90 degrees, which is required for a higher rating.