Other conditions decisions — 2020

The Veteran's income exceeded the maximum annual pension rate, resulting in his non-service-connected disability pension benefits being denied.

The Board denied a rating in excess of 20 percent for the Veteran's service-connected traumatic arthritis of the spine, finding that the evidence did not meet the criteria for an increased rating under either the General Formula or the IVDS Formula.

The Veteran's psoriatic arthritis of the left and right hands were granted service connection. The issue of entitlement to service connection for a right shoulder disability is remanded.

The Board has remanded the Veteran's claims for AVM with repair, bilateral eye disability, and cephalgia due to service connection. The issues are inextricably intertwined and require further development including obtaining private treatment records from Dr. N.G.P., VA treatment records from November 2011 to May 2015, and a neurologist's addendum opinion.

The Board denied the Veteran's claim for an initial compensable rating for his service-connected bilateral cataracts, finding that the evidence did not show corrected visual acuity of 20/50 in one eye and 20/40 in the other eye.

The Board denied the Veteran's request for a waiver of overpayment due to retroactive reduction in compensation rate, finding that recovery would not be against equity and good conscience.

The Board has received new and material evidence to reopen the Veteran's claim for service connection for the residuals of Dengue Fever. The appeal is granted in this regard.

The Board denied the Veteran's claims for service connection for esophageal cancer and for the cause of his death due to esophageal cancer, finding that there was no evidence linking these conditions to his military service or exposure to herbicides.

The Veteran's claim for service connection for a dental condition, also claimed as tooth loss, is denied because there is no evidence of loss of substance of the body of the maxilla or mandible due to trauma or disease such as osteomyelitis. The Veteran has other service-connected conditions and does not have any compensable dental disability.

The Veteran's adjustment disorder with depressed mood is currently rated at 50 percent, and a higher rating in excess of 50 percent is denied.

The Board has remanded the Veteran's claims for new and material evidence to reopen his service connection claim for right ischiorectal abscess and pseudopolyp removal, as well as his secondary service connection claim for rectal bleeding. The claims are being returned to the RO for further development.

The Board has determined that new and material evidence has not been presented to reopen the claims for service connection for choroiditis, bilateral; defective vision, left eye; hyperopic astigmatism, left eye; and mixed astigmatism, right eye. The Veteran's statements have not changed since his original claim in 1967.

The Board denied service connection for a left eye disability, finding that the Veteran's current cataracts are not related to his in-service injury.

The Board has remanded the case due to insufficient development of evidence, particularly regarding the appellant's mental state during service and his discharge. The VA will need to obtain additional records from the Department of the Navy and BUMED.

The appeal was dismissed due to the death of the appellant.

The Board denied the Veteran's claim for waiver of recovery of overpayment of VA compensation benefits, finding that recovery would not be against equity and good conscience due to the Veteran's fault in creating the debt.

The Board has determined that the procedural steps for a simultaneously contested claim have not been completed, and therefore, the matter is remanded. The Veteran needs to be provided with the May 2020 supplemental statement of the case (SSOC), updated financial information from both parties, and income and expense information from August 2008 to June 2017.

The Veteran's increased rating claim for his service-connected skin condition must be remanded due to the need for a more recent VA examination.

The Board denied a claim for a disability rating in excess of 20 percent for residuals from gunshot wound to the neck, finding that the Veteran's symptoms did not meet criteria for a higher rating due to moderate impairment.

The case is being remanded for additional development, including obtaining audiogram results from VA treatment records.