Other conditions decisions — 2020

The Board has determined that the procedural steps for a simultaneously contested claim have not been completed, and thus remands the case to ensure full compliance with the procedures.

The Board has decided to remand the case due to inadequate development and need for an addendum opinion regarding the Veteran's right leg disability, as secondary to service-connected frostbite of the bilateral feet.

The Board has remanded the claim of service connection for the Veteran's cause of death due to esophageal cancer and pulmonary embolus. The case is being returned for further medical evaluation regarding whether exposure to herbicide agents during service is related to the Veteran's esophageal cancer.

The Board dismissed the appeal as to whether an overpayment of VA compensation benefits in the amount of $4,010.00 was properly created.

The Board has determined that a remand is necessary to obtain an opinion regarding the etiology of the Veteran's claimed conditions and whether they are related to his service-connected coronary artery disease.

The Veteran's shin splints of the right and left legs are rated at 20% effective December 2, 2015. The Board has remanded cases related to his hearing loss and lumbar spine disability.

The Board denied increased ratings for right foot gout and partial tear of the left Achilles tendon and left foot gout from February 28, 2019 due to lack of evidence showing loss of use of the feet.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board has ordered a VA examination to address the etiology of the Veteran's current eye disorders, specifically glaucoma, nuclear sclerotic cataracts, congenital vitelliform macular dystrophy, central retinal artery occlusion, compound myopic astigmatism, and presbyopia. The examiner is requested to provide opinions regarding whether these conditions are merely a refractive error or congenital in nature, and the etiology of any acquired (compensable) eye disabilities found.

The Veteran withdrew his appeal requesting an earlier effective date for the payment of additional compensation for his spouse, T.S.

The Board denied a higher disability rating for the Veteran's service-connected status post healed fracture of the right distal tibia and fibula, finding that the evidence did not support a finding of moderate knee or ankle disability warranting a 20 percent rating.

The Veteran's claim for VR&E services, including on the job training (OJT) for the Copper Cap Program and associated costs is granted due to the need for additional education benefits.

The Board has denied the Veteran's claims for service connection for right foot bunion, status post bunionectomy and left foot bunion, status post bunionectomy as there is no competent or credible evidence that these conditions are related to his military service.

The Veteran's claim for service connection for dental treatment purposes for residuals of dental trauma to tooth #10 is denied as there is no evidence showing a current disability related to his military service.

The Board has remanded the claims for ratings in excess of 10 percent for right and left thumb disabilities due to inadequate range of motion studies provided by VA examiners. The Veteran is also requested to provide any additional pertinent evidence.

The Board has ordered a remand for additional development regarding the Veteran's service connection claim for back disability, specifically addressing whether his scoliosis and spina bifida are congenital diseases or defects, and if so, whether they were aggravated by service.

The Board has remanded the case due to a lack of documentation showing that the Veteran participated in an ROTC program and had a service obligation upon completion of such program. The Veteran's active duty service from March 26, 2011, to May 8, 2012, is not considered qualifying service for Post-9/11 GI Bill benefits.

The Board denied the appellant's claim for an apportionment of the Veteran's VA compensation benefits because the total benefit payable to the Veteran does not permit payment of a reasonable amount to the appellant.

The Board has granted service connection for a right quadricep tendon injury as secondary to the Veteran's service-connected left knee disability. The appeal regarding compensation under 38 U.S.C. § 1151 is denied, and the case is remanded for further action on the temporary total disability rating claim.

The Veteran's appeal for a waiver of recovery of an overpayment of education benefits, including the validity of the debt, has been dismissed because he did not respond to a request for documents within one year.