Other conditions decisions — 2020

The Board has denied the Veteran's claim for service connection for memory loss as a distinct disability, finding that it is not separate and apart from his already service-connected acquired psychiatric disability (depressive disorder). The decision also notes that evaluating this manifestation under an additional diagnostic code would amount to pyramiding.

The Board has granted service connection for insomnia disorder and neurocognitive disorder as secondary to the Veteran's service-connected PTSD with residuals of TBI, orthopedic disabilities, and peripheral nerve disabilities. The decision is based on VA opinions that found these conditions are related to his service-connected conditions.

The Board denied the Veteran's claim for service connection for a respiratory disability, finding that there was no causal relationship between his current respiratory condition and his military service.

The Board has determined that the Veteran's basal cell carcinoma is related to his service and granted service connection for this condition.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Veteran's right hip disability, including a labral tear and limited extension, is currently rated at 10 percent. The Board finds that the evidence does not support an increase in rating beyond this level.

The Veteran's mild incomplete paralysis of right-hand middle finger proximal phalanx fracture is manifested by mild incomplete paralysis of the sciatic nerve. The Board has granted a 20 percent rating for this condition, but has remanded to determine if higher ratings are warranted.

The Board has denied the claim for service connection for residuals of Dengue Fever, finding that there is no evidence to support a causal relationship between the Veteran's in-service treatment and his current symptoms.

The Veteran's claim for service connection for B-cell leukemia, including as due to exposure to herbicide agents, is denied. The Board found no evidence of the condition during or after service and insufficient medical evidence linking it to service.

The Board denied service connection for costochondritis and left sternoclavicular osteomyelitis and septic arthritis, finding no evidence of a current disability or functional impairment related to these conditions during the appeal period.

The Board denied service connection for cold injury residuals to the hands, ears, cheeks, temples and nose as there is no current disability related to service.

The Veteran's petition to open a claim for TDIU was denied because he submitted the wrong form, and his appeal is not valid under the new Appeals Modernization Act framework.

The Veteran's seborrheic keratosis with acrochordons was granted a 10 percent disability rating from December 6, 2019. Prior to that date, the condition did not meet criteria for any higher rating.

The Veteran's deviated nasal septum was diagnosed in service and is present currently, warranting service connection.,The Veteran's bruxism developed secondary to her service-connected generalized anxiety disorder and unspecified bipolar disorder, warranting service connection for this condition as well.

The veteran's discharge due to fraudulent enlistment voided his credible service, preventing him from qualifying for VA home loan guaranty benefits. The claim is denied as he does not meet the eligibility criteria.

The Veteran's request for a waiver of recovery of overpayment of VA compensation benefits in the amount of $30,120.77 was timely filed and the appeal is now remanded to adjudicate this issue.

The Board has granted a 20 percent apportionment of the Veteran's VA disability compensation benefits prior to November [REDACTED], 2018, on behalf of S.M. and J.M., and an apportionment of the full amount of VA disability compensation benefits not paid to the Veteran during his incarceration since November [REDACTED], 2018, on behalf of S.M. and J.M.

The Board found the Veteran's VA Form 9 was timely submitted, thus reinstating his legacy appeal.

The Board denied the Veteran's request for waiver of an overpayment due to a retroactive removal of his dependent spouse, finding that the Veteran was significantly at fault in not notifying VA of her death and thus unjustly enriched by receiving benefits he did not deserve. The decision also found no undue hardship or other factors against recovery.

The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically regarding the adequacy of the VA examination.