Other conditions decisions — 2020

The Board denied the Veteran's appeal regarding overpayment of dependency compensation benefits and service connection for an unspecified condition. The decision found that the creation of the overpayment was valid, as the Veteran should have known he was receiving incorrect payments due to his child reaching the age of 18.

The Veteran's proctalgia fugax is granted with a 10% rating. The issue of TDIU prior to June 28, 2017 is remanded due to insufficient development. The issue of TDIU beginning June 28, 2017 is dismissed as moot.

The Board denied an earlier effective date for a 60% rating for atrial septal defect with Amplatzer device closure due to the lack of evidence showing the Veteran's heart disability met the criteria for such rating prior to June 8, 2018.

The Board denied service connection for the cause of the Veteran's death, finding that his myocardial infarction was not related to service and concluded that VA treatment did not contribute to his death.

The Veteran's cause of death was listed as cardiac arrhythmia, hypertrophy of the heart, and congestion of the lungs. The Board found that these conditions were not related to his active duty service or exposure to herbicides.

The Veteran's MRSA infection is not considered a qualifying additional disability resulting from VA treatment, and the Board finds that it was not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA personnel. Therefore, compensation under 38 U.S.C. § 1151 is denied.

The Board has decided to remand the Veteran's claim of service connection for a sleep disorder, as secondary to his service-connected PTSD. The decision is due to insufficient data and the need for further examination.

The Veteran's TDIU rating is granted, effective from March 5, 2012. The Board found that the Veteran was unable to obtain or maintain gainful employment due to his service-connected panic disorder with agoraphobia since April 9, 2008.

The Board partially vacated its May 4, 2020 decision regarding the waiver of overpayment of VA compensation benefits. The issue of whether the debt was properly created is still under review.

The Board has denied service connection for chest pains, left arm paresthesia with joint pain in fingers, and right ear cholesteatoma with eustachian tube dysfunction due to lack of a current disability. The claims are remanded for further development.

The Veteran's chronic myeloid leukemia is considered a radiogenic disease. The Board has remanded the case for further development to determine if the Veteran was exposed to ionizing radiation in service and to obtain an opinion on the etiology of his condition.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's cause of death is related to his military service, specifically asbestos exposure.

The Veteran's discharge from service was under other than honorable conditions, which precludes him from eligibility for Chapter 30 educational benefits.

The Veteran's service-connected residuals of a left inguinal hernia are granted an initial 10 percent rating, effective from the date of claim.

The Board has remanded the Veteran's claims for service connection due to incomplete records and additional evidentiary development is needed. The issues are whether his current cardiac disabilities, including premature ventricular contractions, paroxysmal atrial fibrillation, and aortic insufficiency, are related to his active duty service, and whether his obstructive sleep apnea is related to his in-service maxillary osteotomy or any of the documented cardiac conditions.

The Board denied the Veteran's claim for service connection for Chronic Myeloid Leukemia (CML), finding that there was no evidence linking his CML to his active service or presumed exposure to herbicides. The Board found that the Veteran's CML did not originate in service and is not otherwise etiologically related to his military service.

The Board has determined that further development is necessary regarding the Veteran's claim of service connection for dental and tooth problems, including teeth grinding, jaw pain, chipped teeth, missing fillings, root canal, and a cracked bridge. The case is therefore REMANDED for an examination to determine the nature and etiology of his dental and tooth problems.

The Board has remanded the Veteran's case due to a lack of VA treatment records and an incomplete record from the Minnesota Department of Corrections. The Veteran will need to provide authorization for VA to obtain his private medical records.

The Veteran's herpes infection of the mouth and lips with erythema multiforme affected less than 5 percent of his entire body and exposed areas, even during periods of outbreaks or flare-ups. Intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs were not required over the past 12-month period.

The Board has remanded the issue of service connection for a spine condition, but denied the claim for anemia. The spine condition claim is remanded for further examination and opinion.