Other conditions decisions — 2020

The Veteran's other specified trauma and stressor related disorder is granted with a 50% rating, effective January 31, 2020. The claim for TDIU was dismissed as moot due to the service-connected disability. The claim of entitlement to sleep apnea remains pending.

The Veteran's cause of death, adenocarcinoma of the lung, is found to be due to in-service asbestos exposure and service connection for the cause of death is granted.

The Veteran is providing a reasonable amount of support for the minor child and the appellant has not shown a hardship, thus denying the claim of entitlement to apportionment of the Veteran's VA disability compensation benefits.

The Veteran's service-connected Crohn’s disease is rated at 60 percent, effective January 9, 2009. He also receives a TDIU rating and SMC at the housebound rate for his disability.

The Board has decided to remand the case due to insufficient medical opinions regarding service connection for atrial fibrillation and its aggravation by service-connected obstructive sleep apnea and/or hypertension.

The Veteran's service-connected right and left foot residuals of removal of ingrown great toenails have been granted increased ratings to 10 percent each, effective from the date of the decision.

The Board has granted service connection for a total hysterectomy to include residuals, finding that the Veteran's pre-existing pelvic inflammatory disease clearly and unmistakably existed prior to service and was aggravated by her service. The presumption of soundness applies in this case.

The Board denied the Veteran's claim for service connection for a hand condition, including herpes and verruca vulgaris, finding that there is no evidence linking these conditions to his time in active duty.

The Board has determined that the Veteran's skin disease is related to his service, resolving all reasonable doubt in favor of the claimant.

The Board has granted an initial 10 percent rating for bruxism, finding that the Veteran's interincisal range of motion is greater than 34mm and resolving doubt in his favor. The rating does not exceed this level as there is no evidence of limited lateral excursion or dietary restrictions.

The Board has dismissed the appeal because the overpayment of $5986.00 was waived in full, rendering the issue moot.

The Veteran's service-connected right knee chondromalacia patella disability is being remanded for further evaluation due to a potential worsening of the condition.

The Veteran's appeal was dismissed due to their death, and the case is not about service connection.

The Board has decided that the recoupment of severance pay by withholding VA disability compensation in the amount of $8,253.80 was proper. However, additional development is needed to accurately determine how much Federal income tax was withheld from this payment.

The Board has remanded the case due to an inadequate August 2018 medical advisory opinion that applied the wrong legal standard as to aggravation. The Veteran's respiratory disorder is now required to be evaluated with a new medical nexus opinion using the correct legal standard and addressing whether his service-connected heart disorder and hypertension caused or aggravated his respiratory disorder.

The Board has decided that the appellant is not entitled to nonservice-connected death pension benefits due to excessive annual family income. The appeal for Dependency and Indemnity Compensation (DIC) benefits is also remanded as there are procedural issues regarding notification of denial.

The Veteran's claim for an increased rating for her right hip disorder was denied, and her TDIU claim was also denied.

The appeal was dismissed because the appellant requested to withdraw his appeal, indicating that his issues on appeal were satisfied with a TDIU award from 2009.

The Veteran's petition to reopen his claim of service connection for a right hand disorder is granted. The appeal regarding the issue of service connection remains remanded.

The Board has remanded the case due to non-compliance with previous remand directives and a need for an addendum opinion regarding the nature and etiology of the Veteran's claimed right hip disorder.