Other conditions decisions — 2020

The Veteran's claims for service connection for teeth deterioration and increased rating for residual injury, left side of face, with laceration, left sub-orbital area and fracture, left zygoma are denied. The Board found that the preponderance of evidence did not support a finding of a qualifying dental disability or additional scar pain warranting an increase in ratings.

The Board denied overpayment claims for $4,810.00 and $11,996.00 due to untimely requests for waiver of recovery.

The Veteran's claim for a rating in excess of 30 percent prior to March 10, 2014 for endometriosis with abdominal fibrosis and abdominal cramps is denied. The Veteran's claim for a 50 percent rating, but no higher, for endometriosis with abdominal fibrosis and abdominal cramps effective March 10, 2014 is granted.

The Board has decided to remand the Veteran's claim for a higher rating for his right great toe, ingrown toenail, status post removal due to additional development being required.

The Board denied the Veteran's claim for revision of a November 2005 rating decision that established service connection for Valley Fever and assigned a 50 percent initial evaluation, effective from May 17, 2004, to July 26, 2005, and from September 1, 2005. The Board found no CUE in the November 2005 rating decision.

The Veteran's appeal for an effective date prior to July 12, 2018, for the award of a 10 percent rating for anemia is dismissed as moot because it has already been addressed in previous decisions.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there is no evidence linking his primary or contributory causes of death to his military service.

The Board denied service connection for left hip degenerative joint disease and femoral acetabular impingement syndrome, finding no nexus to service.

The Veteran's claim for a rating in excess of 60 percent for nephrolithiasis and ureterolithiasis is being remanded due to the failure by the RO to fulfill VA’s duty to assist. The case will be returned for further development that may have bearing on these claims.

The Board denied service connection for pancreatitis, finding that the Veteran does not currently have this condition and there is no evidence of its existence during his active duty.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for a painful scar, a compensable disability rating for an anterior trunk scar not associated with underlying soft tissue damage, and a disability rating in excess of 40 percent for a voiding dysfunction due to incomplete development.

The Board denied the appeal as the removal of a former spouse from the Veteran's disability compensation award was proper, effective April 1, 2013.

The Board has remanded the cases of service connection for a skin condition and tremors due to incomplete compliance with previous remand instructions. The VA is instructed to obtain medical opinions regarding the Veteran's claims, addressing exposure to herbicide agents in Vietnam and the relationship between his current conditions and prescribed medications.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse for death pension purposes due to her remarriage and subsequent divorce, which made her ineligible under VA regulations.

The Veteran's service connection claim for Chronic Myeloid Leukemia (CML) due to exposure to ionizing radiation during his military service is granted. The Board found that the in-service exposure led to the development of CML.

The Board denied the appellant's claim for DIC benefits as a helpless child of her father, finding that she was not permanently incapable of self-support at the time of her 18th birthday due to poliomyelitis.

The appellant is not recognized as the surviving spouse of the Veteran for VA benefits due to her divorce from him in 1992, and she did not live with him continuously after their divorce.

The Board has remanded the case due to unclear basis of overpayment and need for further development, including verification of military pay dates and an audit of the Veteran's VA compensation account.

The Veteran's claim for service connection for residuals of a left tibia fracture is being remanded due to the need for additional medical examination and opinion. The examiner will assess whether there was an increase in severity during service, and if so, whether it was due to natural progression.

The Board has remanded the case due to insufficient opinions regarding the etiology of the Veteran's Guillain-Barre Syndrome, specifically whether it is related to his service-connected fibromyalgia and Gulf War environmental exposure.