Other conditions decisions — 2020

The Board has remanded the case for further examination and opinion regarding the Veteran's right eye conditions, including whether they are related to VA treatment or service-connected coronary artery disease.

The Veteran's alopecia secondary to chronic folliculitis was rated at the highest permissible level (20 percent) since February 9, 2018.,The Veteran’s corn and callosities on her left little toe were rated at the maximum allowable level (10 percent).,The Veteran's arthritis of the metatarsal joint of her left foot fifth toe was not rated higher than 10 percent.

The Veteran's overpayment of VA pension benefits is denied as recovery would result in unjust enrichment and denial of the purpose for which the benefits were intended.

The Veteran's right hand disability is rated at 70 percent from August 15, 2000 to March 24, 2001. Effective date of SMC for loss of use of the right hand is set as August 15, 2000.

The Board denied the Veteran's claim for service connection of a right knee disability, finding that there was insufficient evidence to link his current disability to his military service.

The Board has granted service connection for avascular necrosis of the bilateral hips, finding that it is at least as likely as not that the condition had its onset during a period of INACDUTRA in 2004 and 2005.

The Veteran's claims for TDIU and SMC were dismissed as moot because a full grant of benefits was already awarded in a prior decision.

The Board has remanded the Veteran's claims for service connection for Guillain Barre Syndrome and bilateral venous insufficiency due to a service-connected disability. Additional development is needed, including obtaining private treatment records and opinions on the nature of the Veteran's conditions and their relationship to his military service.

The Veteran's jaw/temporomandibular condition characterized as TMJ dysfunction is granted service connection. The lung disorder claim is denied due to tobacco use precluding service connection. Service-connected hammertoes of the left and right feet are not granted increased ratings.

The Board has determined that the Veteran's failure to report his income did not constitute fraud, misrepresentation or bad faith. The overpayment of pension benefits is therefore not precluded by these factors. However, the case is remanded for consideration under the standard of equity and good conscience.

The Board has remanded the case due to inadequate examination regarding the nature and etiology of the Veteran's claimed heart conditions, including whether they are related to his service-connected PTSD.

A 40 percent rating is granted for the Veteran's left Muscle Group XI injury disability, effective from September 14, 2015.

The Veteran's recurrent hiatal hernia is granted compensation under 38 U.S.C. § 1151 due to post-operative treatment at VA Puget Sound Health Care System, which worsened his gastrointestinal conditions.

Your TDIU claim is dismissed as the Veteran has already received the benefit sought and there remains no error of fact or law for the Board to address.

The Veteran's chronic adjustment disorder is granted a 100 percent disability rating from June 1, 2011. The issue of TDIU is dismissed as the grant of a 100 percent disability rating makes the TDIU moot.

The Board has denied the Veteran's claim for service connection of his right foot condition, finding that there is no evidence linking his current disabilities to active service.

The Board denied the Veteran's request for an earlier effective date for dependency benefits for his dependents M. P. and C. P., finding that no communication of record from the Veteran was sufficient to establish entitlement prior to April 26, 2005.

The Board denied the appellant's claim for VA survivor's pension benefits because her income exceeded the maximum annual pension rate, making her ineligible for the benefit.

The Veteran's claims for a higher rating for gout and TDIU are being remanded due to the need for additional examinations and information.

The Board denied the Veteran's claim for service connection for a heart valve condition, finding that there was no evidence of a diagnosed heart valve condition during service or within one year of separation. The examiner also considered the Veteran's functional heart murmur and found it less likely than not related to his current heart valve disorder.