Other conditions decisions — 2020

The Board has decided to remand the claim of service connection for vocal cord polyps and laryngitis due to insufficient medical opinion regarding whether the underlying cause is HPV, which may have been contracted during service.

The Board has granted service connection for stroke/TIA on a secondary basis, but denied the claims for vision loss, speech disability, loss of motor function, and cognitive disorder (claimed as residuals from stroke).

The Veteran's claim for a rating in excess of 10 percent for his service-connected left foot hallux valgus was denied. The maximum schedular rating (10%) has been assigned throughout the appeal period.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding his stomach and esophageal disabilities, as well as secondary service connection for stomach surgery.

The Board has found that the previous VA examinations were inadequate and requires a new opinion to determine if the Veteran's current right-hand disorder is related to his active duty service.

The Board has remanded the case due to errors in previous decisions and needs further clarification on whether the Veteran's right testicle disorder is related to service, if it is a congenital defect or disease, and if so, whether it was aggravated by military service.

The Board has determined that the matter is not ripe for appellate review due to procedural issues and remands the case for compliance with contested claims procedures.

The Veteran's son is seeking accrued benefits, including reimbursement for last sickness and burial expenses. The case is remanded due to the submission of additional evidence not previously considered by the RO.

The Board denied the Veteran's claim for service connection for a sleep disorder, finding that there is no current diagnosis of a separate sleep disorder and that any sleep problems are symptoms of his service-connected PTSD.

The appeals for service connection and TDIU have been dismissed as the Veteran's claims were granted in a December 2019 rating decision.

The Board has determined that the Veteran should be provided new VA examinations to determine the current level of severity of his service-connected left inguinal hernia, postoperative residuals; the nature and etiology of any currently present left orchiectomy and colon injury; and the nature and etiology of any currently present residuals of a jaw/mouth/lip injury and broken lower dentures. The appeals are REMANDED for these examinations.

The Board found a clear and unmistakable error in the initial grant of service connection for hallux valgus of the right foot, resulting in an incorrect 10% rating. The Veteran's condition is now rated at 0%, effective December 1, 2018.

The Board has remanded the claims for residuals of a back injury, skin disability, and lung disability due to lack of substantial compliance with previous remand directives. The decision on these issues remains pending.

The Veteran's surviving spouse was already awarded burial benefits, so the appellant cannot be granted additional benefits. The appellant is not considered a legal representative of the Veteran's estate and there is no evidence that she paid for the Veteran's cremation on behalf of his estate.

The Board dismissed the appeal for a total disability rating due to individual unemployability resulting from service-connected disability (TDIU) as the appellant requested withdrawal of the appeal.

The Veteran's claim for service connection for a cognitive disorder is being remanded due to the need for additional medical evaluation and opinion regarding the nature, etiology, and relationship of his cognitive disorder to his PTSD.

The Board denied the Veteran's claim for service connection for cause of death and compensation under 38 U.S.C. § 1151, finding that there was no evidence to support a causal link between his service-connected disabilities or VA treatment and his death.

The Board denied the Veteran's appeal for a waiver of overpayment of VA compensation benefits, finding that the creation of the overpayment was proper and recovery would not be against equity and good conscience.

The Veteran's claims for increased evaluations for his service-connected fragment wound residuals of the right upper thigh and right foot are being remanded due to inadequate development. The VA needs to obtain updated treatment records, schedule a new examination, and re-adjudicate the claims.

The Board has denied service connection for left and right arm disabilities, as well as left and right leg disabilities, due to a lack of evidence showing that these conditions are related to military service.