Other conditions decisions — 2020

The Veteran's service-connected disabilities have rendered him so helpless as to require the regular aid and attendance of another person, leading to a grant of special monthly compensation (SMC) based on need for aid and attendance.

The Board has found that there has not been substantial compliance with previous remand directives and that corrective action is necessary. The Veteran's skin conditions, including dermatophytosis of the groin, miliaria, and foot fungal infection, need to be evaluated again due to a lack of recent medical records and an examination.

The Veteran's appeals for increased ratings for endometriosis with history of bilateral ovarian cysts and total hysterectomy with bilateral salpingo-oophorectomy have been dismissed due to the Veteran withdrawing her appeal prior to a decision being made. The Veteran's claim for a compensable disability rating for osteoporosis is remanded, as well as her TDIU claim which is inextricably intertwined.

The Veteran's claim for higher ratings for gout is being remanded due to the need for additional evidence and review.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 10 percent for osteopenia/osteoporosis of the right hip, impairment of the thigh of the right hip, and limitation of flexion of the right hip due to inadequate VA medical examination reports. The Veteran is required to undergo a new VA examination that complies with Sharp v. Shulkin (2017) and Correia v. McDonald (2016).

The Board has determined that the removal of the Veteran's child from her VA compensation award due to concurrent receipt of Dependents' Educational Assistance benefits under Chapter 35, United States Code was proper and resulted in a valid overpayment. The appeal is denied.

The Board has remanded the Veteran's claims for service connection and evaluations of various knee, shoulder, wrist, cervical, thoracolumbar strain, and radiculopathy disabilities due to incomplete VA treatment records and need for additional examinations.

The Board has granted service connection for the Veteran's inguinal hernia, finding that it is related to his active service. The decision resolves reasonable doubt in favor of the Veteran.

The Board has remanded the case due to incomplete development, specifically a need for clarification regarding the Veteran's service-connected dysthymic disorder. The claim for increased disability evaluation and TDIU remains inextricably intertwined with this issue.

The Board has dismissed the appeals for special monthly compensation based on aid and attendance, loss of use of bilateral lower extremities, and automobile or adaptive equipment eligibility due to the death of the Veteran.

The Veteran's death was ruled as a suicide, and there is no evidence to support the claim that his death was caused by any service-connected condition.

The Veteran's service records do not show treatment for scarlet and rheumatic fever during his active duty. The Board is unable to determine that no reasonable possibility exists that using code M05-V would not result in obtaining the outstanding inpatient records from William Beaumont Army Hospital.

The Veteran's service connection claim for basal cell carcinoma, claimed as skin cancer, due to herbicide agent exposure is denied. The Board found that the current disability was not shown in service or within a presumptive period and there was no credible evidence of continuity of symptomatology.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for an additional right eye disability caused by a July 2014 VA right eye corneal debridement procedure, finding that the preponderance of evidence did not support the claim.

The Veteran's right knee condition is rated at 10 percent for patellar tendonitis and patellofemoral pain syndrome, with a separate rating of 10 percent for instability. Right lower extremity radiculopathy has been granted service connection, while left lower extremity radiculopathy and left knee disability are remanded.

The Board has granted service connection for right eye floaters, finding that the Veteran's current diagnosis of right eye floaters is due to his service. The decision resolves all reasonable doubts in favor of the Veteran.

The Board has remanded two issues: the first is to determine a compensable rating for residuals of a left great toe fracture, and the second is to determine service connection for a right foot condition secondary to the left great toe fracture. Both issues require additional medical examination.

The Veteran withdrew their appeal for eligibility of a non-service-connected pension, and the Board dismissed it.

The Veteran's initial rating for residuals of a left tibial tumor status post excision with hardware placement and bone graft was denied as his disability did not meet the criteria for an increased rating in excess of 10 percent.

The Veteran's appeal is remanded for further evaluation of her bilateral shin splint disabilities and knee osteoarthritis, as well as any potential service connection claims.