Other conditions decisions — 2020

The Board found no new and relevant evidence to reopen the claims for sepsis and acute pyelonephritis, as both conditions have resolved.

The Veteran withdrew his appeal regarding the claim of entitlement to service connection for acute myelogenous leukemia.

The Veteran's children are not recognized as helpless children due to permanent incapacity for self-support prior to age 18. The Board has remanded the case to correct duty to assist errors and obtain necessary medical records.

The Veteran's claim for service connection for leukemia due to exposure at Camp LeJeune is being remanded because the VA records are incomplete.

The Veteran's surviving spouse is granted survivors' pension benefits to include special monthly pension (SMP) based on the need for regular aid and attendance, as she meets both income and need criteria.

The Board granted the Veteran's waiver of overpayment debt because withholding would deprive him of basic necessities and nullify his pension, while also considering that he had changed positions relying on VA benefits.

The Veteran's SAPHO syndrome was rated at 60 percent prior to March 27, 2019. The Board found that the evidence did not show severe impairment of health or incapacitating episodes almost completely restricting routine daily activities.

The Board found that the overpayment of compensation benefits was validly created due to the Veteran's incarceration and did not find any administrative error on VA's part. The Veteran's ex-wife is not held liable for the debt.

The Board has determined that the VA examination in May 2019 was inadequate and requires a new one to determine the current severity of the Veteran's service-connected right inguinal herniorrhaphy residuals, including whether he has a separate right inguinal hernia (or previously underwent surgery to repair a separate right inguinal hernia) that shares an etiology with his service-connected right inguinal hernia.

The Board granted a waiver of recovery for an overpayment of VA death pension benefits, finding that repayment would be against equity and good conscience due to the appellant's financial hardship caused by her dementia.

The Board finds a pre-decisional duty to assist error occurred and requires further development to correct the error, including an audit of the overpayment amount.

The Board denied a compensable rating for the Veteran's abnormal ascending aorta/aneurysm, finding that his condition has not reached 5 centimeters in diameter and is asymptomatic.

The Board denied service connection for esophageal cancer due to contaminated water exposure at Camp Lejeune and denied service connection for vocal cord cancer as due to esophageal cancer. The evidence did not establish a nexus between the current conditions and service.

The Board denied readjudication of the claim for service connection for back pain as new and relevant evidence was not presented or secured.

The Board has determined that new and relevant evidence has been received, warranting readjudication of the claim for service connection for squamous cell carcinoma of the esophagus. The case is now remanded to obtain an addendum opinion from a VA clinician.

The Veteran's claim for an earlier effective date for a 10 percent rating for his left thumb disability is denied as the service connection was not in effect prior to April 27, 2010.

The Board has remanded the case due to an inadequate rationale in a previous VA examination regarding whether the Veteran's right hand DJD is related to his service. The claim will be reviewed with a new medical opinion.

The Board has granted service connection for right and left lower extremity neurological disabilities, rating them at 40% under Diagnostic Code 8520 (sciatic nerve). The effective date is not specified as the appeal was based on reopening of previously denied claims.

The Board denied the Veteran's claims for service connection for solar lentigos and keratoses of the forearms, finding no evidence linking these conditions to his military service. The psychiatric disorder claim was remanded for further development.

The Board has decided to remand the case due to inadequate medical opinions regarding the cause of the Veteran's death. The VA needs to obtain a new opinion from a qualified physician to determine if any conditions, individually or in concert, contributed to the Veteran’s death.