Other conditions decisions — 2020

The Veteran's claims for service connection for nerve spasms, an increased initial rating for his lumbosacral spine disability, and a staged initial evaluation for his cervical spine disability are being remanded due to the need for additional development of evidence.

The Board found that the Veteran's single incident of drug use during service did not constitute willful and persistent misconduct, thus his discharge was not a bar to VA compensation benefits.

The Veteran's claim for service connection for a duodenal ulcer has been reopened due to new and relevant evidence, but the case is remanded as there are insufficient opinions regarding the etiology of the condition.

The Board has remanded the case due to a lack of evidence regarding an overpayment created in January 2019 and whether it should be waived.

The Board has determined that the Veteran's current sinus rhythm with multiform premature ventricular contractions is at least as likely as not related to his service, and thus grants service connection for this condition.

The Veteran's income exceeds the maximum annual pension rate for nonservice-connected disability pension with SMP based on the need of regular aid and attendance, thus denying his claim.

The Board has determined that there was a pre-decisional error in the creation of the overpayment and remands the case for further action, including a paid and due audit to calculate the debt based on the correct commencement date of incarceration.

The Board denied the Veteran's claim for service connection for multiple system atrophy, finding that there was no evidence linking the condition to his military service or any exposure during service.

The Veteran's adjustment disorder with anxious mood has been rated at 10 percent since October 31, 2019. The Board found that the symptoms are mild and transient, decreasing work efficiency only during periods of significant stress or when controlled by medication.

The appeal for service connection of liver and stomach conditions has been dismissed due to the appellant's death.

The Board has remanded the case due to issues with the validity of the overpayment debt. The Veteran disputes the creation and amount of the overpayment.

The Board dismissed the Veteran's claim for a waiver of an overpayment in the amount of $43,742.00 as moot due to COWC's January 2020 decision granting the waiver claim.

The Board denied the Veteran's claim for service connection for numbness and tingling of bilateral feet, finding that there was no evidence linking these symptoms to his active duty service.

The Board denied the Veteran's request for an effective date prior to August 16, 2013 for the grant of TDIU due to lack of a pending claim or entitlement within one year before that date.

The Board has granted a 10% disability rating for the Veteran's umbilical hernia from October 15, 2014. The preponderance of evidence is against assignment of a compensable rating prior to that date or a higher rating at any point since then.

The appeal is remanded to clarify the status of the medical reimbursement claims for treatment at Cape Coral Hospital on November 11-15, 2016 and January 17, 2017. The AOJ must consider all third-party payments, including Medicare, in determining what expenses are still disputed.

The Board has remanded the case due to inadequate development regarding service connection for membranous nephropathy, including whether it is related to herbicide exposure or aggravation by hypertension.

The Board denied the Veteran's claim for service connection for a pulmonary disability, finding that there is no current evidence of such a condition and concluding that any symptoms are related to his service-connected obstructive sleep apnea.

The Veteran's appeals for earlier effective dates for various Parkinson’s disease-related conditions have been dismissed due to the death of the Veteran.

The Board denied the Veteran's claim for a rating in excess of 10 percent for his service-connected left thumb disability, finding that the evidence did not show limitation of motion with more than two inches (5.1 cm) between the thumb pad and fingers.