Other conditions decisions — 2020

The Board has remanded the case for further development and opinion regarding service connection for a lung disorder, including whether it is related to in-service exposure to asbestos or as secondary to other service-connected disabilities. The Veteran's obesity may also be considered in relation to his lung disorder.

The Board denied service connection for bilateral lower extremity PVD, finding that the Veteran's currently diagnosed bilateral lower extremity PVD is not proximately due to or aggravated by his service-connected CAD.

The Board denied service connection for bilateral hip disorder, attributing it to the Veteran's current diagnoses of bilateral hip strains and noting that her STRs were silent for any hip conditions. The Board also found no evidence linking her current hip disorders to her active duty service.,For the CVA claim, the Board determined there was insufficient evidence connecting the Veteran’s current condition to her active duty service or diabetes mellitus type II.

The Veteran's dental disability does not qualify for VA compensation benefits as it is not a compensable condition under the applicable regulations.

The Veteran's right knee arthritis and instability are rated at 10 percent each, with a separate rating of 10 percent for removal of meniscal cartilage. The appeal is granted for the right knee arthritis and instability ratings, but denied for the request for an increased rating.

The Veteran's claims for service connection for urinary incontinence and a skin disorder have been denied as there is no evidence of an in-service disease or injury, and the medical evidence does not support direct service connection.

The Board has remanded the issue of Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected disabilities for further development. The Veteran was not provided with a completed VA Form 21-8940, which is needed to adjudicate this claim.

The Board denied a waiver of an overpayment of nonservice-connected pension benefits due to the Veteran's willful misrepresentation in reporting his income, resulting in the creation of the overpayment. The decision found that recovery would not defeat the purpose for which the pension benefits were awarded.

The overpayment of VA compensation benefits in the amount of $5,467.72 was not properly created and the appeal is granted.

The Board denied the Veteran's claim for service connection for a lung disorder for accrued benefit purposes, finding that there was no evidence linking his lung disorder to military service or in-service asbestos exposure.

The Board denied the Veteran's request for an effective date prior to April 5, 2017, for the grant of a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The earliest date of entitlement to TDIU was more than one year prior to the date of claim.

The Board denied the Veteran's claims for service connection for polypoidal chorioretinopathy, cataracts, dry eyes, and conjunctival melanosis of the left eye due to lack of evidence linking these conditions to his military service.

The Board has granted a rating of 60 percent for intervertebral disc syndrome (IVDS) from August 22, 2013. The evidence shows at least 6 weeks of total incapacitating episodes over the prior 12 months.

The Board denied the Veteran's request for an earlier effective date of December 23, 2008 for her TDIU grant. The decision found that there was no communication prior to December 23, 2008 indicating a pending claim for TDIU and that the Veteran did not file any other claims within one year before this date.

The Board denied service connection for a skin disorder, including as due to herbicide exposure (Agent Orange), finding that the evidence did not support a link between the Veteran's current condition and his military service.

The Board has decided to remand the case due to a lack of an examination report and the need for a new opinion regarding the Veteran's service connection claim for a dental disability.

The Board has determined that the Veteran's left eye blindness is a result of VA medical care, specifically the delay in completing the retinal detachment surgery from November 13 to November 17, 2009. The decision grants compensation under 38 U.S.C. § 1151 for this additional disability.

The Board found that the appellant was correctly paid a monthly pension of $208.00 from April 1, 2017 and a cost of living adjustment raised the monthly pension to $212.00 effective December 1, 2017. No increase in the rate of payment is warranted.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's dental disorder, which is claimed as loss of teeth resulting from in-service trauma. The decision requires a VA examination to assess whether there is a link between the current disability and service.

The Veteran's appeal has been dismissed due to their death. The Board does not have jurisdiction to adjudicate the merits of this case.