Other conditions decisions — 2020

The Veteran's bilateral keratoconus has been rated at 30 percent since July 1, 2004. The Board found that the visual acuity remained normal with contact lenses and did not warrant a higher rating.

The Veteran's basal cell carcinoma was found to be a compensable disability within the first year after service, meeting the criteria for presumptive service connection.

The Board has determined that additional development is needed for the Veteran's claims of increased ratings for shin splints, right leg and left leg. The Veteran was not afforded VA examinations to determine the current level of severity due to an inability to contact him at his current address.

The Board has denied the Veteran's claims for service connection for NPH, a back disorder, and TDIU due to service-connected disabilities. The decision found that there is no evidence linking these conditions to his military service.

The Board dismissed the claims of total disability based on individual unemployability, special monthly compensation for need for aid and attendance or housebound status, and compensation under 38 U.S.C. § 1151 for bilateral blindness as the Veteran did not file a timely substantive appeal.

The Board has remanded the Veteran's claims for bilateral knee disabilities due to inadequate reasons and bases in previous VA examinations, including a need for an addendum medical opinion.

The Board has remanded the claims for service connection for bilateral hip disabilities due to inadequate opinions regarding the relationship between the Veteran's service-connected back disability and his bilateral hip disabilities. The case is being returned for further development, including obtaining an etiology opinion addressing the relationship of any current hip disabilities with service.

The Board has remanded the case for additional development, including obtaining addendum opinions from the VA examiner who conducted the September 2019 examinations regarding the severity of the Veteran's service-connected bilateral knee and hip disabilities.

The Board found that the overpayment of VA compensation benefits was validly created due to the Veteran's failure to promptly notify VA of her March 2009 divorce, and thus concluded that it was not solely due to administrative error.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's breast cancer and its relationship to her military service.

The Board found that the appellant had no military service in any branch of the United States Armed Forces and therefore is not a veteran, thus denying her claim for VA benefits.

The Board has remanded the case due to issues related to the Veteran's service-connected disabilities and their impact on his ability to secure and follow substantially gainful employment. The VA is instructed to obtain new medical examinations, consider all relevant evidence, and address the applicability of the amputation rule.

The Board dismissed the claim for an earlier effective date for DIC benefits as a freestanding claim, finding that it was not pending before VA at the time of the appellant's mother's passing.

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

The Veteran withdrew his appeal regarding a compensable disability rating for post-operative right inguinal hernia, resulting in the dismissal of this issue.

The Veteran's chronic lymphocytic leukemia and large B cell lymphoma are granted service connection due to exposure at Camp Lejeune. Burial benefits are also granted.

The Board has decided that the VA is improperly recouping special separation benefits from the Veteran's retirement pay, and has ordered further investigation to determine the total amount of recoupment.

The Board denied the Veteran's claim for service connection for bilateral eye condition, finding that there is no causal nexus between his current eye disabilities and any in-service injury or disease.

The Veteran's diagnosed CLL is presumed to be related to his exposure to herbicides during service, and the Board finds that this evidence is at least in equipoise with the other opinions, granting service connection for CLL.

The Veteran's appeal is remanded to obtain her National Guard personnel records and confirmation of the number of days she drilled in 2011, as well as the exact amount of drill pay received.