Other conditions decisions — 2020

The Board has remanded the case due to an inadequate VA examination regarding the Veteran's cataracts. The examiner did not address all of the questions raised by the Board and failed to provide a clear rationale for their opinions.

The Board has remanded the case due to the appellant not submitting Medical Expense Reports for 2014 and 2016, as these are necessary to determine her income eligibility for pension benefits.

The Board is remanding the case due to inconsistencies and ambiguities in the adjudication of the Veteran's debt arising from an overpayment created during her active duty period from April 5, 2011, to September 30, 2011. The Veteran challenges the validity of this debt as part of her request for a waiver.

The Board has determined that the overpayment of VRAP benefits in the amount of $3,021.33 was validly created and is binding on VA. However, due to a procedural issue regarding the timeliness of the Veteran's waiver request, this matter is being remanded for further action.

The Veteran's service-connected hand tremors do not render him in need of regular aid and attendance, as he is able to perform daily tasks without assistance.

The Veteran's service was not in the Republic of Vietnam, and therefore he did not have qualifying wartime service for nonservice-connected VA death pension benefits.

The Board has decided to remand the case due to new evidence and a need for further examination regarding the appellant's mental state at the time of his discharge by reason of the sentence of a general court-martial. The issue of whether this discharge is a bar to VA benefits will be reconsidered.

The Board denied the Veteran's claim for service connection for facial nerve condition, finding that it did not manifest during or within one year after his military service and is not otherwise causally related to his active service.

The Board has remanded the case for further development, including consideration of an extraschedular rating for the Veteran's service-connected lower back and coccyx strain.

The Veteran's appeal for increased ratings for his service-connected femoral stress fractures of the right and left lower extremities, as well as other related conditions, is remanded.,The Veteran's claim for a compensable disability rating for multiple noncompensable service-connected disabilities under 38 C.F.R. § 3.324 is dismissed.

The Board denied the Veteran's appeal regarding the validity of an overpayment created due to a retroactive reduction in compensation rate, finding that the creation of the debt was proper based on VA laws and regulations.

The Board has restored a 30 percent rating for the Veteran's loss of vision secondary to laser exposure, effective March 1, 2018.

The Board has determined that the Veteran's 20 percent rating for degenerative joint disease S1-S2 with transitional vertebrae S1 was improperly reduced and must be restored. Additionally, the Veteran’s claims for increased ratings for her bilateral knee disabilities are remanded as new examinations are needed to assess the current severity of these conditions.

The Veteran's service-connected disabilities, including his pilonidal cyst and anal fistula, have rendered him unable to secure or follow substantially gainful employment since November 21, 2013.

The appellant withdrew his appeal, so the case is dismissed.

The Veteran's bilateral cataracts have not been productive of incapacitating episodes or impairment of muscle function. The Veteran was granted a separate rating for his service-connected bilateral cataracts from October 1, 2010, and the Board denied an initial rating in excess of 10 percent prior to March 6, 2020, and in excess of 20 percent thereafter.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's leukemia and her service, including a tibia fracture or environmental exposures. A new VA examination is needed.

The Board has remanded the case due to a lack of relevant SSA medical records and for further development.

The Board has granted a 30 percent rating for the Veteran's bilateral retinal degeneration, which is the maximum available under the applicable VA rating criteria.

The Veteran's claim for an initial compensable rating in excess of 10 percent for gastroenteritis with fundic gland polyp was denied. The Board found that the current condition does not meet the criteria for a higher rating based on the symptoms described, which are characterized as acid reflux and bloating.