Other conditions decisions — 2020

The Board denied the Veteran's claims for an initial compensable rating for strain and flexor tendonitis with limitation of flexion, right hip, and a disability rating greater than 10 percent for strain and flexor tendonitis with impairment of thigh, right hip. The evidence did not show that the Veteran’s range of motion was limited to or more nearly approximated 45 degrees for either condition.

The Board has remanded the case due to inadequate medical opinions and for further development.

The Veteran is seeking an earlier effective date for a 100% rating for his service-connected schizoaffective disorder, which he believes should have been granted in the June 1994 decision. The Board has remanded this matter due to failure to adjudicate the claim of clear and unmistakable error (CUE) in the June 1994 decision.

The Board has decided to remand the case due to inadequacies in a previous medical opinion and requires further explanation regarding a March 1988 Radiologic Consultation.

The Board has remanded the case due to insufficient development of evidence for the increased rating claim for left thumb disability. The service connection claim for left hand weakness is still pending and will be addressed in a later decision.

The Board denied eligibility for DIC benefits as the surviving spouse of the Veteran due to not meeting the criteria, including being married within 15 years or having a deemed valid common-law marriage.

The Board has denied the Veteran's claims for service connection for right and left elbow disabilities, finding that there is no evidence to support a link between his current conditions and his active service.

The Board denied the Veteran's challenge to the amount of his overpayment and dismissed his waiver claim as moot due to COWC's grant of a waiver for the original $11,878.00 debt.

The Board has remanded the case due to inadequate retrospective assessments of the Veteran's disability during the periods of July 2011 and March 2018 VA examinations, as well as failure to consider staged ratings.

The Board has remanded the case due to an inadequate VA examination regarding the relationship between the Veteran's eye pressure disorder and her service-connected hypertension.

The Veteran's appeal is denied as there is no legal basis to grant an effective date prior to May 12, 2014 for the addition of his dependents B.C., K., and J. to his VA disability compensation award.

The Veteran's appeal for service connection for male infertility is remanded due to the introduction of a new theory not previously raised by him, involving medications and mental state.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board has decided to remand the case due to a lack of an opinion regarding whether the Veteran's tonsillar cancer is related to his in-service exposure to herbicide agents. The VA will obtain additional records and provide an opinion on this issue.

The Board has granted the Veteran's claims for service connection for status post gallbladder removal secondary to IBS and for removal of his left testicle in service, attributing these conditions to their respective service-connected disabilities.

The Veteran's L5-S1 disk herniation is now rated at 40 percent from August 1, 2019, and higher than the previous 20 percent rating. The effective date for this increase in rating remains to be determined.

The Board denied the Veteran's claim of service connection for right-side pain, finding no current diagnosis and concluding that there is no evidence of a chronic disability related to his in-service symptoms.

The Board has granted service connection for right hand focal dystonia but denied service connection for residuals of a broken right arm. The Veteran's claim for right hand focal dystonia is reopened and the condition is found to be related to her active duty service.

The Board denied the Veteran's claim for a temporary total evaluation based on convalescence for his service-connected pilonidal cystectomy because the evidence did not show that he required hospitalization or observation of at least 21 days following his surgery.

The Board denied the Veteran's request for an effective date prior to November 1, 2019, for the award of dependent compensation for his spouse. The decision stated that the earliest possible effective date was November 1, 2019.