Other conditions decisions — 2020

The Veteran's service connection claim for an acquired psychiatric disability, including anxiety and panic attacks, was denied as the condition did not manifest during service and is not proximately due to or aggravated by her service-connected bilateral knee disabilities. The Board also found that there has been no substantial compliance with its June 2017 remand instructions regarding increased ratings for left and right knee osteoarthritis prior to November 16, 2012.

The Board denied the Veteran's claim for service connection for a disability manifested by near syncopal episodes, finding that there is no current diagnosis of such condition and that the evidence does not support an in-service onset or relationship to service.

The Board has determined that the Veteran's fatigue is secondary to his service-connected diabetes mellitus and grants service connection for this condition.

The Board has remanded the case due to missing records related to the education benefits appeal. The appellant needs to provide copies of their initial decision, evidence reviewed, notice of disagreement, statement of the case, and substantive appeal.

The Veteran's claim for a higher rating for her limitation of extension of the left thigh is denied as the current 10 percent rating adequately reflects her disability, and an extra-schedular rating is not warranted.

The Board denied the Veteran's claim for service connection for developmental sickle beta thalassemia (claimed as sickle cell anemia) due to lack of evidence showing aggravation or superimposed disease during active duty.,The Board granted the Veteran's TDIU claim based on his service-connected disabilities, finding that he is unable to secure and maintain substantially gainful employment.

The Board denied service connection for a psychiatric disorder and denied increased ratings for gunshot wound residuals. The 20 percent rating for left upper extremity neurological residuals of a gunshot wound was granted.

The Board denied the overpayment of VA compensation benefits, finding that it was validly created and not solely due to administrative error.

The Board has decided to remand the case due to a miscommunication regarding the receipt of private medical records from Millennium Home Health. The VA is instructed to provide a new Supplemental Statement of the Case (SSOC) that correctly reflects the received records.

The Board has decided to remand the case due to missing service treatment records and an addendum VA opinion is needed to determine if the Veteran's psychiatric disorders are related to his active duty service.

The Veteran's overpayment of $6,562.62 was created due to his failure to notify VA about his divorce from his spouse in June 2013. The Board found that recovery would not be against equity and good conscience as the Veteran had sufficient income to cover expenses.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's current eye disability is related to his service, including exposure to bright lights from explosions and weapons fire.

The Veteran's appeal for a total disability based on individual unemployability (TDIU) due to service-connected disabilities has been dismissed because the Veteran died during the pendency of the appeal.

The Board denied the Veteran's appeal regarding the validity of an overpayment created due to her remarriage and divorce, determining that the effective date for dependency benefits was correctly assigned.

The Veteran's request for a waiver of overpayment of VA compensation benefits was denied because the fault in creating the debt lies with the Veteran, not VA. The financial hardship is not sufficient to warrant a waiver and recovery would not defeat the purpose for which the benefit was intended.

The Board has granted an effective date of October 31, 2018 for the A&A allowance for the appellant. This is the earliest possible effective date under VA regulations.

The Board denied the Veteran's claim for service connection for an adjustment disorder, finding that there was clear and unmistakable evidence showing the condition preexisted service and was not aggravated by military service.

The Veteran's appeal for reducing his Harry cell leukemia rating from 100% to 30% was dismissed due to the Veteran's death.

The Veteran's claim for service connection for substance abuse disorder as secondary to PTSD is granted, and the issue of whether there was clear and unmistakable error (CUE) in a September 2017 rating decision that denied this claim is also remanded.

The Board denied the Veteran's claim of service connection for a gastrointestinal disability, finding that there was no evidence of a current diagnosed condition and concluding that her symptoms were not related to active service.