Other conditions decisions — 2020

The Board denied the Veteran's claims for compensable initial ratings for his service-connected left and right fifth metacarpal fractures, finding that there was no evidence of major joint involvement or limitation of motion warranting a compensable rating.

The Veteran's left inguinal hernia was granted a rating of 30 percent from September 18, 2019. Prior to this date, the condition did not meet criteria for a compensable rating.

The Board denied service connection for a right Achilles tendon condition, finding that there was no evidence of injury or event in service and the large gap in time until any treatment was sought. The Veteran's post-service statements as to the cause of his current condition were contradicted by STRs indicating his shoes were actually too tight at one point.

The Board denied a rating in excess of 30 percent for the Veteran's lung disability, finding that the evidence did not meet the criteria for higher ratings based on pulmonary function test results.

The Board dismissed the appeal because the appellant died during the pendency of the hearing, and thus has no jurisdiction to adjudicate the merits of this appeal.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to March 17, 2016 due to his service-connected bilateral inguinal hernias and chronic prostatitis not precluding him from securing or following substantially gainful employment.

The Veteran's disability rating for his shrapnel injury to the left lower extremity with localized swelling and pain is being remanded, as well as the earlier effective date issue. The Veteran will be scheduled for a VA examination to assess the current severity of his service-connected disability.

The Board has granted service connection for B-cell leukemia, finding that the Veteran's military duties placed him near the base perimeter where he was exposed to herbicide agents. The condition is presumed due to his exposure.

The Veteran's appeal for a dental disorder was dismissed due to his death during the pendency of the appeal.

The Veteran's appeal is remanded for further development and consideration of his claims, including the assignment of an initial evaluation for service-connected unknown febrile illness and a rating in excess of 40 percent for service-connected epilepsy with mesial temporal lobe sclerosis.

The Board has decided to remand the case due to an unclear opinion regarding whether restless leg syndrome was aggravated by service-connected obstructive sleep apnea. The Veteran needs a new VA medical opinion on this issue.

The Veteran's back disorders and PTSD were denied as service connection was not established, and the initial rating for PTSD could not be increased beyond 30%.

The Board has remanded the claim due to inadequate medical opinion and missing pre-operative reports. The Veteran seeks compensation for a stroke resulting from carelessness or negligence during his November 2011 surgery.

The Board has remanded the case for further consideration due to a failure to issue a Statement of the Case regarding the effective date for recognizing G.H. as the Veteran's child for dependency compensation purposes.

The Board has granted service connection for diastasis rectus abdominis (DRA) and an umbilical hernia, as secondary to DRA. The decision is based on the Veteran's competent testimony regarding his symptoms and the VA examiner's opinion that a DRA can lead to the development of an umbilical hernia.

The Veteran's claims for increased ratings of his service-connected hiatal hernia, small ventral hernia, and incisional hernia have been denied. The Board found that the Veteran did not meet the criteria for higher disability ratings under applicable VA rating criteria.

The Board has reopened the Veteran's claims for service connection for a chronic bilateral airway disease disability, hernia disability, and atrial fibrillation disability. However, these claims have been denied as there is no evidence of a current disability or causal relationship to active service.

The Veteran's claim for gastritis is reopened, and service connection is granted. The Veteran's obstructive sleep apnea is also granted. However, the claims for a bilateral calf condition and gastritis are remanded due to insufficient evidence.

The Board has remanded the case due to an inadequate medical examination in denying service connection for cellulitis. The Veteran's condition is recurrent and active, especially during hot weather.

The Board has remanded the issue of waiver of recovery of an overpayment of VA compensation benefits in the amount of $16,216.20 due to insufficient compliance with previous directives.