Other conditions decisions — 2020

The Board denied the overpayment of VA compensation benefits, finding that prior to June 12, 2012 and from November 21, 2012 to January 20, 2015, the overpayment was valid due to sole administrative error. The overpayment created after these dates is denied.

The Veteran's 1993 massive stroke is denied as not related to his military service, including exposure to herbicide agents.

The Board has remanded the case for a new opinion from an ear, nose and throat specialist to address whether the Veteran's current acoustic neuroma existed prior to his entry into service, if it underwent any increase in severity during service, and if it is related to military service.

The Board has decided that the case must be remanded to clarify the Veteran's receipt or lack thereof of military retirement pay for the period from September 1993 to June 1, 2017.

The Veteran's claim for recognition of J.W.B. as a helpless child due to permanent incapacity for self-support prior to age 18 was denied because the Veteran did not provide information about the length of J.W.B.'s incarceration, which is critical to determining eligibility.

The Board has remanded the Veteran's claim for service connection for a dental disability (claimed as periodontitis) due to incomplete examination and further development is required.

The Veteran's service-connected degenerative joint disease with olecranon spurs of the left elbow is currently rated at 10 percent, but does not meet the criteria for a higher rating due to lack of incapacitating exacerbations or ankylosis.

The Board denied the Veteran's claim for nonservice-connected pension benefits, determining that $429.00 per month was the proper amount based on his income and applicable maximum annual pension rate.

The Veteran's patellofemoral pain syndrome of the left knee is currently rated at 10 percent, reflecting flexion to 115 degrees and full extension. The Board finds this rating appropriate as it reflects the current severity of the disability.

The Board has denied the Veteran's claims for service connection for insulin resistance/metabolic syndrome and bilateral lower extremity peripheral neuropathy due to lack of a current disability for VA compensation purposes. The claim for bilateral lower extremity peripheral neuropathy is remanded for additional development.

The Board has remanded the cases due to failure to substantially comply with prior remand directions, specifically regarding the VA examination for thoracic spine scoliosis and spondylosis. The Veteran is also being remanded for a determination on special monthly compensation based on need for aid and attendance or housebound status.

The Board denied an increased rating for the service-connected myositis ossificans of the right heel, finding that the disability did not meet or approximate criteria for a higher rating at any time during the appeal period.

The Veteran's back condition is rated at 40 percent effective April 5, 2006. The rating for RSD remains at 30 percent. Service connection for right arm skin disorder and left arm disorder are denied.

The Veteran's income exceeds the maximum allowable pension rate, so he is not eligible for non-service-connected disability pension benefits.

The Board denied the Veteran's claim for service connection of a liver disability, finding that there is no evidence to support a link between his current condition and his military service.

The Board has remanded the case for further action on two issues: whether the Veteran's countable income was properly calculated for pension benefits from February 1, 2008 to the present and whether the overpayment of nonservice-connected pension benefits was validly created.

The Veteran's left shoulder disability was found to be manifested by flexion and abduction to no worse than 45 degrees, with no evidence of ankylosis or dislocation. The Board denied a rating in excess of 20 percent prior to January 20, 2020.

The Board has dismissed the appeal as there is no longer a debt and thus, no case or controversy affecting the provision of benefits by VA over which the Board may exercise jurisdiction.

The Board has remanded the Veteran's claims of service connection for a right leg condition and ear infections due to insufficient medical opinions addressing the Veteran's contentions of in-service injury and post-service symptoms.

The Board has granted service connection for Tarsal Tunnel Syndrome (TTS) as secondary to the Veteran's service-connected right ankle disability.