Other conditions decisions — 2020

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development regarding his employment history and Social Security Administration records.

The Veteran's appeal is being remanded for further evaluation of his bilateral pterygium and TDIU claim. The Board requests visual field testing to determine the current severity of his service-connected pterygium, and a VA examination to assess the impact of all service-connected disabilities on employment.

The Veteran's claim for a disability rating in excess of 40 percent for his thoracic spine disability from January 31, 2011 to January 9, 2020 was denied.,A 50 percent disability rating is granted for the Veteran's thoracic spine disability starting on January 9, 2020.

The Board has denied the Veteran's claim for service connection for reactive airway disease, finding that there is no current disability and insufficient evidence to support a link between his in-service treatment for hyperventilation syndrome and his current condition.

The Veteran's claim of service connection for skin lesions, including malignant skin neoplasms is being remanded due to the need for a new VA medical opinion regarding the relationship between his in-service exposure and post-service skin disabilities.

The Board has remanded the Veteran's claim for service connection for TMJ due to inadequate development and lack of an opinion regarding its etiology. The Veteran is currently diagnosed with TMD, but the VA examiner did not provide a clear opinion on whether this condition is related to his active duty service.

The Veteran's death was not service-connected, and the Board denied entitlement to DIC benefits under 38 U.S.C. § 1318.

The Veteran's claim for service connection for conjunctivitis is denied. The issue of secondary service connection for a stomach condition is remanded.

The Veteran's claim for service connection for residuals of stab wounds to the abdomen is granted, as his reports and medical records support a link between his in-service injury and current symptoms.

The Board has decided that the Veteran's claim for an earlier effective date for additional dependency compensation for his spouse is remanded due to a lack of supporting documents.

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

The Board has granted service connection for bilateral salpingo-oophorectomy and special monthly compensation (SMC) for loss of use of a creative organ due to the Veteran's service-connected condition. The decision is based on her credible testimony that symptoms she experienced during service continued after discharge.

The Board has determined that the Veteran's VA pension benefits were retroactively reduced due to an overpayment, and this matter is being remanded for further review of the creation of the debt.

The Board denied the claim for an earlier effective date than March 14, 2017 for the grant of Dependency and Indemnity Compensation (DIC) on the basis of service connection for the cause of the Veteran's death due to non-Hodgkin's lymphoma caused by exposure at Camp Lejeune. The effective date is set based on the liberalizing law that added non-Hodgkin's lymphoma as a presumptive condition.

The Veteran's bilateral lower extremity nerve disability is rated at 20 percent from October 13, 2010, to August 17, 2016. The issue of TDIU has been raised and must be developed further.

The Veteran's LUTS was not manifested by urine leakage requiring an appliance, urinary frequency with daytime voiding interval between two and three hours, or obstructed voiding symptoms warranting a compensable rating. As such, the claim for a compensable initial rating for LUTS is denied.

The Board has decided that the Veteran's overpayment of nonservice-connected disability pension needs to be reviewed and possibly corrected due to insufficient information about his current financial situation.

The Veteran's initial ratings for peripheral arterial disease of the left and right lower extremities were granted, but not at the maximum possible rating. The appeal is denied.

The Board denied the Veteran's request for a waiver to recover an overpayment of VA compensation benefits due to his failure to promptly notify VA of his spouse's death, finding that he was primarily at fault in creating the debt. The decision also noted that VA had some responsibility but not as significant as the Veteran.

The Board has granted a 40 percent rating for the Veteran's ventral hernia from April 8, 2009 to January 3, 2010. The claim for separate rating for weight loss is denied as a matter of law.