Other conditions decisions — 2020

The Board has determined that the Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to insufficient opinions regarding whether VA negligence or an unforeseeable event caused the right eye blindness.

The Veteran's claims for an increased rating and TDIU are being remanded due to the need for additional development, including a new examination.

The Board has remanded the case due to conflicting opinions and need for clarification regarding the Veteran's right foot disabilities, specifically whether they are related to VA care or the Veteran's failure to follow medical instructions.

The Veteran's death was not service-connected, and the appellant did not meet the criteria for nonservice-connected burial benefits as per VA regulations.

The Board denied the Veteran's claim for basic eligibility for education benefits under Chapter 33 (Post-9/11 GI Bill) based on her military service, finding that she did not have sufficient qualifying active service to meet the requirements.

The Board found that the appellant's discharge from service was due to willful and persistent misconduct, not insanity. As a result, his character of service is considered dishonorable, which bars him from receiving VA benefits.

The Veteran's claim for service connection for residuals of laryngeal cancer claimed as throat cancer is denied. The Board found no evidence linking the condition to service or secondary to a service-connected disability, including bladder cancer treatment.

The Veteran's bilateral heel spurs are manifested by pain on manipulation and use, swelling, and fatigue. The Board has granted a disability rating of 10 percent for this condition effective September 14, 2011.

The Veteran's spontaneous pneumothorax is currently rated at 10 percent and the Board finds that it does not meet or approximate the criteria for a higher rating.

The Veteran's appeal has been dismissed as he withdrew his appeal with respect to all issues before the Board.

The appeal of the issue of entitlement to a TDIU for the period prior to November 1, 2011 is dismissed as no current issues of law or fact exist.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and missing records. The Veteran is required to undergo further examinations and obtain additional medical opinions regarding his claimed conditions.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's chronic pain syndrome is an undiagnosed illness or a medically unexplained condition.

The Veteran's initial rating for urinary incontinence is denied. Initial ratings of 30 percent are granted for bradykinesia of the left and right lower extremities from November 3, 2016 to January 25, 2018. The Veteran’s sleep attacks are rated at 30 percent. Other conditions have been denied.

The Veteran's appeal has been withdrawn by her authorized representative, and the Board is dismissing the case as a result.

The Board has decided that the Veteran's claim for reimbursement of medical expenses from September 7, 2019 to September 8, 2019 should be remanded due to a missing decision letter.

The Veteran's cause of death is now service-connected, making the DIC claim moot.

The Board has denied the Veteran's claims for a rating in excess of 10 percent for his left knee disability, a separate 10 percent rating for lateral instability of the left knee, and a compensable rating for his left knee scar.

The Board has denied the Veteran's claims for service connection for a mood disorder due to chronic pain syndrome, finding that there is no evidence of a nexus between his current condition and his military service or any service-connected disability. The Board also found insufficient evidence to support secondary service connection.

The Board has found that there are discrepancies in the calculations of the Veteran's income and pension benefits, and thus remands the case for further review to determine the correct amount of non-service-connected disability pension benefits for 2019 and 2020.