Other conditions decisions — 2020

The Board denied the Veteran's claims for service connection for residuals of a right leg injury and numbness of the right leg, finding that there was no evidence to support these conditions were related to service.

The Board denied the claim of service connection for cause of death, finding that there was no evidence linking the Veteran's death to his asbestos exposure in service or any other service-connected condition.

The Board has determined that additional evidentiary development is still necessary prior to the adjudication of the Veteran’s claim of entitlement to service connection for metastatic carcinoid tumor with mass in the mesenteric area, including as due to exposure to ionizing radiation. The AOJ must request dose information and determine if the Veteran's cancer resulted from exposure to ionizing radiation during his service.

The Board has remanded the Veteran's claims for service connection for bilateral leg disabilities due to incomplete VA examination and lack of relevant medical records.

The Board found that the termination of the Veteran's nonservice-connected pension benefits, effective March 1, 2013, was proper due to excessive income. Additionally, an overpayment in the amount of $42,005.13 was created and is now denied.

The Veteran's current urinary disability was not incurred during his period of active service, and the Board found no evidence linking it to service. The claim for service connection is denied.

The Board has decided to remand the claims for service connection for loss of sense of taste and smell, as these conditions are secondary to service-connected bilateral hearing loss or peripheral vestibular disorder. Additional development is needed to obtain a medical opinion regarding whether these conditions are proximately due to or aggravated by the service-connected disorders.

The Veteran's right knee conditions, including degenerative joint disease and meniscal tear, are rated at 30 percent from December 30, 2011 to October 14, 2019.

The Board has determined that further development is necessary to ensure all relevant VR&E files are associated with the case file and to verify participation in, and completion of, the program for which reimbursement is requested. The Veteran is encouraged to provide any evidence he may have regarding his contract with VA and payment records.

The Board has granted a 30 percent disability rating for the Veteran's somatic symptom disorder, finding that his symptoms more closely approximate those described by the 30 percent rating.

The Board denied the Veteran's claim for an effective date earlier than September 21, 2007 for a total disability rating based on individual unemployability (TDIU) because prior to that date his service-connected disabilities did not render him unable to secure and follow substantially gainful employment.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records from in-patient hospitalizations and a VA medical opinion regarding the etiology of the Veteran's claimed brain damage.

The Board denied service connection for a right collarbone disability and bilateral hip disabilities, finding that the evidence did not support a link to service.,Specifically, the examiner noted no in-service injury or symptomatology related to the hips. The Veteran's current diagnoses of arthritis were attributed to obesity rather than cold weather exposure during service.

The Board has remanded the Veteran's claims for bilateral lagophthalmos and TDIU due to incomplete information from previous examinations. The case will be returned to the VA examiner to reconcile earlier diagnoses of epiphora with current findings, and to obtain any relevant non-VA medical records.

The Board has determined that the Veteran's recurrent incisional hernias were not caused by VA carelessness or negligence, and were events not reasonably foreseeable. Therefore, the claim for compensation under 38 U.S.C. § 1151 is granted.

The Veteran's right thumb MCP degenerative joint disease with unfavorable ankylosis is granted a 20 percent rating, effective from the date of the decision.

The Veteran's appeal is dismissed because the claim of service connection for gastrointestinal disorder, claimed as ulcerative colitis, has been fully granted with the award of service connection for chronic constipation.

The Board has granted a 60 percent rating for prostatitis effective November 28, 2000 and has also granted SMC at the housebound rate. The issue of entitlement to SMC in excess of that pursuant to 38 U.S.C. § 1114(l) is denied.

The Board has dismissed all three issues: whether the Veteran's spouse can be removed as his dependent for VA purposes, whether the reduction of his disability compensation payment was valid, and whether he is entitled to an effective date prior to June 3, 1987. The Veteran’s motion for reconsideration was denied in November 2019 and January 2020.

The Board has remanded the case due to the need for updated VA treatment records and a VA examination regarding the Veteran's skin condition, which is presumed to be related to his in-service exposure to ionizing radiation.