Other conditions decisions — 2020

The Veteran's right elbow disability is currently rated at 10 percent for painful limitation of flexion, and a higher rating is denied.,A 10 percent rating is granted for painful limitation of supination due to muscle spasms, swelling, and flare-ups.

The Board has decided to remand the issue of waiver of overpayment, including the validity of the debt. The Veteran's May 2019 waiver request and a January 2018 audit from VA were not previously associated with the record.

The Veteran's overpayment of VA compensation benefits due to retroactive reduction of a dependent spouse is being remanded for further review. The Veteran claims that the debt was not valid and that it should be waived.

The Board has remanded the case due to missing DMC notices for debts of $19,118.97, $3,742.31, and $4,846.60. The Veteran should provide these notices.

The Board has dismissed the appeal of the waiver of indebtedness claim as moot due to the grant by the Committee on Waivers and Compromises.

The Board has granted a partial waiver of the recovery of an overpayment in VA compensation benefits, finding that while the Veteran is partially at fault for the debt, the elements of VA fault, partial defeat of the purpose of benefits, and partial financial hardship outweigh the elements not in his favor. The decision acknowledges that the Veteran should repay part of the debt.

The Board has decided that the request for a waiver of overpayment was timely, but has also determined there are procedural errors and needs to be remanded for further action.

The appeal is dismissed due to the death of the appellant, and no service connection issues remain.

The Board has remanded the Veteran's claims for service connection for a back condition and gastrointestinal disorder due to potential overlap with his joint and muscle pain claim. The Veteran is not shown to have a compensable dental disability, and his gastrointestinal complaints are being referred for further examination.

The Board has dismissed the legacy appeal for service connection due to the Veteran's choice to opt-in to the Appeals Modernization Act, which removed the appeal from their jurisdiction.

The Board has determined that the Veteran's squamous cell carcinoma, actinic keratosis, and basal cell carcinoma are related to his in-service sun exposure, granting service connection for these conditions.

The Veteran's death was caused by gingival squamous cell carcinoma, which the Board found not to be related to his service. The Board determined that tobacco use was more significant in causing the cancer than any herbicide exposure.

The Board has remanded the case due to insufficient medical opinion regarding the presence and etiology of throat surgery residuals. The Veteran's claim for compensation under 38 U.S.C. § 1151 is pending.

The Veteran's service-connected bilateral hip disabilities have resulted in a loss of use of both lower extremities, requiring the use of assistive devices such as canes and wheelchairs. The Board has granted eligibility for specially adapted housing due to these conditions.

The Veteran's claim for an increased rating for dorsal spine DJD with chronic pain syndrome was granted at 20 percent prior to January 14, 2020 and denied thereafter. The Board also found that the Veteran is entitled to TDIU from June 11, 2013 to August 15, 2016 and from November 1, 2016.

The Board denied a higher evaluation for the Veteran's status repair of right lower quadrant abdominal hernia, finding that his condition does not meet the criteria for a rating in excess of 20 percent.

The Veteran's osteoporosis of the ring and little finger, right hand has worsened. The Board is remanding the case for a new VA examination to assess the current severity of his condition.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's skin rashes are related to his active duty service, including exposure to burn pits and oil fires during service in the Persian Gulf.

The Board has remanded the Veteran's claim for an increased disability evaluation for her service-connected anterior compression fracture at L4 due to a lack of compliance with the March 2019 Board remand. The case is being returned to the RO for further development and consideration.

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