Other conditions decisions — 2020

The Veteran's service did not fall within a period of war designated by Congress, so she does not meet the eligibility requirements for non-service-connected disability pension benefits.

The Board has remanded the issues of entitlement to an initial disability rating in excess of 10 percent for chronic lumbar syndrome with left leg radiculopathy and L4-5 degenerative disc disease (back disability) and entitlement to a compensable disability rating for microcytic hypochromic anemia (anemia). The Veteran's anemia was rated under the old criteria prior to December 9, 2018, but since then has been rated under new Diagnostic Code 7720. The Board found that the Veteran’s anemia required continuous treatment with oral supplementation and thus warrants a staged initial disability rating of 10 percent from December 9, 2018. No TDIU was granted.

The appeal is dismissed because the appellant died during the pendency of the appeal, and the Board has no jurisdiction to adjudicate the issue.

The Board has dismissed the Veteran's appeals for a compensable disability rating for avulsion of tip of the olecranon, left elbow and residuals of a fracture of the left leg as the appellant's attorney withdrew the appeal prior to the promulgation of a decision.

The Board has determined that the appellant is eligible to be recognized as the Veteran's surviving spouse for VA benefits purposes, including entitlement to death pension.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to the Veteran's death during the pendency of the appeal.

The Board denied service connection for low back and neck disabilities, finding no evidence linking these conditions to the Veteran's period of active duty or any in-service injuries. The claims were not reopened due to lack of new and material evidence.

The Board has dismissed the Veteran's claims for left and right lower extremity peripheral artery disease as his appeal is moot due to his death.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's Bell’s Palsy disability, including its onset and relationship to service. The Veteran is requested to undergo a VA examination to determine if his Bell’s Palsy is related to his military service or exposure to herbicides such as Agent Orange.

The Board denied service connection for B-Cell lymphoma of the left temporal lobe, finding that there was no evidence linking the condition to a period of service or radiation exposure.

The Veteran's service-connected post-operative right inguinal hernia and associated right hydrocele are rated at a 10% disability level, effective February 8, 2013. The Board found that the evidence did not support an increased rating for either condition.

The Veteran's bilateral keratoconus is rated at 10 percent prior to April 1, 2019 and at 20 percent from April 1, 2019. A separate 10 percent rating for eye pain secondary to keratoconus is granted. The case is remanded for further action on the issues of service connection for cataracts and TDIU.

The overpayment of VA compensation benefits was validly created and the appeal for a waiver is denied.

The Board denied the Veteran's claim of service connection for a left eye disability, finding that there was no evidence to support a direct or secondary relationship between his claimed condition and his active service.

The Board has remanded the cases for further development and to obtain a new VA medical opinion regarding the Veteran's peptic ulcer disorder. The issues of an initial rating for peptic ulcer since October 16, 2008, and entitlement to TDIU are being remanded.

The Board denied the Veteran's claim for service connection for lung disease, finding no evidence of in-service asbestos exposure and no current disability related to any such exposure.

The Veteran's service-connected TDIU status grants him eligibility for VA dental services and treatment.

The Board dismissed the appeals regarding the reduction in the evaluation of bilateral hearing loss and the entitlement to an evaluation in excess of 10 percent for bilateral hearing loss due to the Veteran's death.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Board has remanded the case due to inadequate development regarding herbicide exposure and a VA examination for the Veteran's skin disorder. The Veteran was exposed to herbicides during service, but further evaluation is needed to determine if his current skin condition is related to this exposure.