Other conditions decisions — 2020

The Veteran is granted VR&E benefits to pursue a double major in sociology and history, including an advanced degree such as a Ph.D., to become a post-secondary history educator.

The Veteran's appeal for service connection of paranasal sinus disease has been dismissed due to his death, and the Board has no jurisdiction to adjudicate this issue.

The Veteran's appeal includes claims for increased ratings for her right hip disabilities and a TDIU. The effective dates of the temporary 100% evaluation based on her right hip surgery are incorrect, and the RO is instructed to correct these. The TDIU claim is also remanded due to its interrelatedness with the right hip rating claims.

The Board denied the Veteran's request for a waiver of overpayment due to an invalid creation of the debt, and found that recovery would not be against equity and good conscience.

The Veteran's appeal for an initial compensable rating for infertility, tiny left hydrocele, and right epididymal cyst is denied. The disability does not meet the criteria for a compensable rating under any applicable diagnostic codes.

The Veteran's claims for a compensable rating for deviated septum status post trauma and service connection for fatty liver disease, related to exposure at Camp Lejeune, are remanded due to the need for additional examinations.

The Veteran's service-connected neurological disorder, claimed as memory loss, was not shown to be related to his active duty service or any toxic exposure such as jet fuel. The Board found insufficient evidence to establish a relationship between the Veteran's current symptoms and service.

The Veteran's left knee disability is currently rated at 10 percent for patellofemoral pain syndrome with degenerative joint disease. The appeal was granted for a separate 10 percent rating for lateral instability of the left knee.

The Veteran's spouse is denied recognition as the surviving spouse for VA death benefits and accrued benefits due to a lack of continuous cohabitation from the date of marriage until his death.

The Board has granted an initial 10 percent rating for the Veteran's chronic left thumb sprain, effective from February 16, 2017. The disability is characterized by painful motion and functional limitation but no gap between the thumb pad and fingers.

The Veteran's appeal for service connection for alcohol disorder in early remission and stimulant use disorder in early remission (claimed as anxiety and depression) is dismissed under the legacy system.

The Veteran's claim for service connection for a bilateral eye condition is reopened, but the remand order requires an addendum medical opinion to address whether his eye conditions are secondary to his service-connected cervical spine injury.

The Veteran's persistent moderate somatic symptom disorder is rated at 30 percent, and the Board has denied an increased rating.

The Board is remanding the case to determine if the overpayment was created properly, as the Veteran challenged its validity.

The Veteran's claim for special monthly compensation based on aid and attendance/housebound is denied. The Board has also remanded the cases of service connection for peptic ulcers and cataracts.

The Veteran's bladder dysfunction due to pelvic/bladder resection resulted in daytime voiding interval of less than one hour, but did not require the use of an appliance or absorbent materials which must be changed more than four times per day. The Board denied both his claim for increased evaluation and his claim for special monthly compensation based on a need for aid and attendance.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and scheduling a VA examination. The Veteran's skin disorder may be secondary to his use of a colostomy bag or exposure to herbicides during service in Vietnam, as well as contaminated water at Camp LeJeune.

The Board denied the Veteran's claim for an increased initial schedular evaluation for his service-connected right eye disability, finding that a rating higher than 30 percent is not warranted based on the evidence of record.

The Veteran's appeal is remanded due to the need for a new VA examination regarding his service-connected constipation due to narcotic usage.

The Board has remanded the case due to unclear notice of a VA examination and need for additional development regarding the Veteran's service in the Southwest Asia theater of operations during the Persian Gulf War. The Veteran is also required to provide information about any medical providers who have treated his sinus disorder.