Other conditions decisions — 2020

The Board has vacated the August 15, 2018 decision denying an initial disability rating in excess of 10 percent for urticaria and remanded the issue to consider a new examination and additional development.

The Veteran's lower back strain has been rated at 10 percent since March 19, 2011. The Board found that the disability does not meet or approximate criteria for a higher rating as it did not result in forward flexion limited to 60 degrees or less, a combined range of motion of the thoracolumbar spine less than 120 degrees, or muscle spasm or guarding severe enough to result in abnormal gait or spinal contour.

The Board has remanded the Veteran's claims for service connection for muscle pain of the back and calves, both claimed as due to undiagnosed illness. The case is being returned for further development including VA examinations.

The Board has remanded the claims for service connection for soft tissue sarcoma and multiple myeloma due to herbicide exposure, as well as the claim for the cause of the Veteran's death. Additional development is needed to determine if the USS Enterprise navigated within the 12-nautical mile territorial sea of Vietnam during his service.

The Board denied service connection for drug or alcohol dependency as secondary to service-connected posttraumatic stress disorder (PTSD) due to the lack of evidence showing that the Veteran's substance abuse disorders were caused by his PTSD.

The Veteran's claims for vascular insufficiency and varicose veins of the bilateral lower extremities, as well as his claim for bilateral flat foot, have been reopened. However, service connection is granted only for the bilateral flat foot.

The Veteran's claims for service connection for right eye injury, blurry vision, and loss of vision, as well as TBI with nausea and headaches, are denied. The claim for an acquired psychiatric disorder is also denied.

The Veteran's appeal is remanded due to the need for a new VA examination and consideration of all submitted evidence. The Veteran was awarded a 40 percent disability rating, but she asserts her condition is more severe than reflected by this rating.

The Veteran's cause of death was listed as cardiac arrest and cardiomyopathy. The Board found no evidence to support a connection between the Veteran's service, herbicide exposure, or hypertension and his cardiomyopathy.

The Veteran requested to withdraw his appeal for service connection of malignant lymphoma, and the Board has dismissed it.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to chemicals and causation of his non-Hodgkin’s lymphoma. A medical opinion is needed from a hematologist-oncologist.

The Veteran's service-connected disabilities did not prevent him from obtaining and retaining substantially gainful employment, thus his claim for total disability rating based on individual unemployability (TDIU) was denied.

The Veteran's spouse S. was added to his VA disability compensation award on November 15, 2018 with payment beginning December 1, 2018. The appeal for an earlier effective date is denied.

The Veteran's request for a waiver of overpayment of $117.14 was denied because the debt was validly created and there was no indication of fraud, misrepresentation or bad faith on his part. The Board found that he was solely at fault in receiving duplicate payments.

The Veteran's appeal for a total disability rating based on individual employability (TDIU) due to service-connected disabilities is being remanded due to incomplete information and the need to obtain Social Security Administration records.

The Veteran's dysthymic disorder with anxious distress is rated at 50 percent since October 9, 2012.

The Board found that the Veteran's discharge was not due to willful and persistent misconduct, thus his character of discharge does not bar him from VA benefits.

The Board has reopened the claim of service connection for the cause of the Veteran's death due to new and material evidence submitted by the appellant. The Board also ordered a remand for an addendum opinion regarding whether prostate cancer contributed substantially or materially to the cause of death.

The Board denied service connection for squamous cell carcinoma of the right ventral tongue, finding that it is not related to military service or herbicide exposure.

The Board has decided to remand the case due to inadequate examination and opinion regarding the etiology of the Veteran's athlete’s foot. The examiner did not consider the Veteran's lay statements or his ongoing intermittent treatment.