Other conditions decisions — 2020

The Board has remanded the case to consider a new SSA letter stating that the appellant applied for widow's benefits on July 15, 1992. The effective date of DIC benefits is being reconsidered.

The Board denied the Veteran's claim for service connection for osteopenia, finding that there is no current disability and thus denying the claim.

The Veteran's appeal for an increased rating for her gynecological disorder and TDIU was denied. The Board found that the evidence did not support a finding of unemployability solely due to service-connected disorders.

The Board has denied service connection for Chronic Myelogenous Leukemia (CML) as the evidence does not support a link to active service, including exposure to herbicides. The Veteran's CML was diagnosed in 2004, many years after his discharge from active duty.

The Board has decided that the Veteran did not submit a timely VA form 9 to appeal the October 2015 Statement of the Case. The Court found this decision was incorrect and ordered the case back for further development.

The Board denied the veteran's claim for nonservice-connected pension benefits due to a bar on eligibility caused by an AWOL period of more than 180 days and lack of compelling circumstances, as well as the character of his discharge from service.

The Board denied a rating in excess of 10 percent for the Veteran's paralyzed vocal cords, finding that the medical evidence did not support a higher rating at any point during his lifetime.

The Board denied the Veteran's claim for an apportionment of his VA compensation benefits due to financial hardship on the part of the Veteran, finding that it would cause undue hardship.

The Board has granted service connection for right tonsil squamous cell carcinoma, finding that the Veteran's current condition is at least as likely as not related to his active service, specifically his in-service exposure to herbicides. The appeal is granted.

The Board has decided to remand the case due to new VA treatment records and a need for an expert opinion on whether the Veteran's respiratory disability is at least as likely as not caused or aggravated by his service-connected hairy cell leukemia with secondary anemia.

The Veteran's service-connected splenectomy residuals and left hip limitation of flexion are currently rated at the maximum schedular rating, and no higher ratings are warranted.

The Veteran's claim for an increased rating for his unspecified trauma and stress-related disorder is being remanded due to the need for issuance of a supplemental statement of the case.

The Board has granted service connection for skin disability, including rash on thighs and arms and onychomycosis. The claimant's statements, STRs, current diagnoses, and a VA opinion support this decision.

The Board denied the Veteran's claim for service connection for a cardiac disability, finding that he does not have a current diagnosis of such a condition.

The Board has decided to remand the case due to inadequate VA examination and failure to address all lay statements regarding the Veteran's hip pain.

The Board denied service connection for squamous cell carcinoma of the left tonsil with metastasis to the left neck, claimed as due to herbicide exposure. The claim was also denied for a higher rating greater than 10 percent for otitis externa throughout the rating period on appeal.

The Board found that the overpayment in the amount of $5,894.63 for Post-9/11 GI Bill educational assistance benefits was valid due to administrative error on both the appellant and VA's part. The appeal is denied as the debt is deemed valid.

The Board has ordered a remand to obtain an independent medical opinion from a neurosurgeon regarding the Veteran's MRSA condition and its connection to VA care.

The Veteran's service-connected left clavicle fracture resulted in a disability rating of 30 percent, effective April 26, 2010. The VA determined that the condition limited motion to shoulder level but not to less than shoulder level.

The Veteran's claim for service connection for Chronic Lymphocytic Leukemia (CLL) has been denied. The Board found that there was no evidence linking the CLL to his active service, including any exposure to asbestos or other hazards. The issue of a rating in excess of 20 percent prior to September 11, 2019, and in excess of 90 percent on and thereafter, for bilateral hearing loss is remanded.