Other conditions decisions — 2020

The Board denied service connection for right and left foot disorders, finding that the Veteran's current conditions are not related to his active duty service.

The Veteran's claim for service connection for hepatocellular carcinoma is remanded due to the lack of evidence linking it to herbicide exposure, but a VA examination is needed to determine if there is any other potential link.

The Board has remanded the case due to insufficient opinions regarding the Veteran's spine disorder and its relationship to service, specifically his parachute jumps in the 1960s and his bilateral knee disabilities. The Veteran is seeking service connection for a spine disorder that he contends was incurred during active duty.

The Veteran's gout has been rated at 60 percent since November 29, 2006. The Board denied a higher rating as the symptoms do not meet criteria for a disability rating in excess of 60 percent.

The Board denied the claim for DIC under 38 U.S.C. § 1151, finding that VA did not cause the Veteran's death due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault.

The Veteran's claim for a higher rating for his service-connected right eye enucleation and left lens removal is remanded due to the need for updated treatment records and an examination.

The Board denied an initial evaluation in excess of 10 percent for the Veteran's residuals of tonsil cancer, finding that his symptoms are best approximated by a 10 percent rating under Diagnostic Code 6516.

The Veteran's surviving spouse is denied entitlement to nonservice-connected death pension due to her income exceeding the maximum annual pension rate.

The Board denied the Veteran's claim for service connection for a lung disability, finding that there is no current diagnosis of a lung disability and thus not meeting one of the three elements required for service connection.

The Board has decided to remand the Veteran's claim for service connection of arthritis of the back due to a lack of a VA examination, as there is evidence suggesting a possible relationship between the Veteran’s in-service injury and his current condition.

The Board denied the overpayment of VA compensation benefits, finding that the Veteran's delay in notifying VA of his divorce contributed to continued payment of erroneous awards for his former spouse and stepchild.

The Board denied the Veteran's appeal regarding overpayment of VA compensation benefits, finding that the creation of the debt was valid and not solely due to administrative error. The appeal is remanded for a determination on the waiver of recovery of the overpayment.

The Board has remanded the Veteran's claims for additional development due to new evidence submitted by him, including disability benefit questionnaires. The issues include evaluations for various hip and inguinal hernia conditions.

The Board has granted the Veteran's claim for service connection for residuals of a T12 fracture, finding that his pre-existing back injury was aggravated during his period of active service.

The Board found that the appellant was not a veteran for VA benefits purposes due to his fraudulent enlistment, and thus denied the claim.

The Board has remanded the case for a VA examination to evaluate the severity of all TIA/stroke residuals, other than neurological disability affecting the left upper and lower extremities.

The Board denied an increase in the rating for residuals of a right 5th toe fracture, maintaining it at 20 percent since September 27, 2019.

The Veteran's claim for an effective date prior to November 23, 2016 for a 60 percent evaluation for his service-connected ulcerative colitis was denied.,The Veteran's claim for an increased rating higher than 60 percent from November 23, 2016 for his service-connected ulcerative colitis was also denied.

The Veteran's appeal for service connection for esophageal cancer, due to exposure at Camp Lejeune, has been dismissed because the Veteran died during the pendency of the appeal.

The Board denied initial compensable ratings for limitation of extension in both the left and right hips due to service-connected hip strain, finding that the appellant's range of motion did not meet criteria for a compensable rating under any diagnostic codes.