Other conditions decisions — 2020

The Veteran's claim for service connection for skin problems to include tumors, bumps, cysts, and rash as a result of exposure to herbicide agents was denied. The Board also remanded the issues regarding increased rating for chronic obstructive bronchial pulmonary disease and evaluation for sinusitis.

The Board denied compensation under 38 U.S.C. § 1151 for right leg muscular atrophy because the Veteran did not have a qualifying additional disability caused or made worse by VA treatment, and thus there was no basis to grant compensation.

The Board has remanded the case due to an inadequate medical opinion regarding whether the Veteran's right middle lobe lobectomy caused his death in December 2009. The examiner is asked to determine if the surgery was a proximate cause of the Veteran's death and if it resulted from fault on the part of VA.

The Board has remanded the case for a clarification of the opinions provided by the VA physician, as they are not sufficient to decide the claims. The Veteran needs an advisory opinion from a urologic surgeon regarding the nature and cause of his additional disabilities.

The Board has remanded the Veteran's claim for a total disability based on individual unemployability (TDIU) rating due to non-compliance with its previous directives.

The Board denied the Veteran's claim of CUE in a December 1960 rating decision that granted service connection for residuals of a gunshot wound to the right thigh and assigned an initial disability rating of 10 percent. The Veteran argued that he should have been rated higher due to his muscle disabilities, but the Board found no clear and unmistakable error.

The Board has remanded the claims for cerebrovascular disease, right and left foot disabilities, and bilateral hearing loss due to their inextricably intertwined relationship with the substitution request. The cause of death claim is also remanded as it may impact the eligibility for substitution.

The Board has remanded the case due to non-compliance with previous instructions and because new evidence reasonably raises an alternative theory of entitlement. The Veteran's death was caused by sepsis, pneumonia, dementia, TIAs, and hyperlipidemia. The cause or contributory causes are being evaluated for service connection.

The Board has restored a 10 percent rating for recurrent left Bell's Palsy with crocodile tears (Bell's Palsy) due to the reduction being improper and not consistent with applicable regulations.

The Veteran's service-connected rectal sphincter control condition is granted a 100 percent rating, effective from the date of the decision. The claim for entitlement to a total disability rating based on individual unemployability was dismissed due to withdrawal.

The Veteran's claim for a higher rating for bronchiectasis prior to December 13, 2018 was denied as his symptoms did not meet the criteria for an increased rating. The claim for a higher rating after December 13, 2018 was also denied due to lack of incapacitating episodes of infection.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's Graves' disease is related to his presumed exposure to contaminated water at Camp Lejeune. A new VA medical opinion is needed.

The Veteran's pre-syncope condition, diagnosed as heat stroke during service, is granted as service-connected.

The Board denied service connection for residuals of a cerebral concussion and an acquired psychiatric disorder, finding no current diagnosis of these conditions.

The Board has remanded the claims of service connection for a right elbow condition, including right medial and lateral epicondylitis, secondary to the right shoulder partial rotator cuff tear, and for a rating in excess of 20 percent for the right shoulder partial rotator cuff tear. The claims are being returned for further development.

The Veteran's cause of death was large B-cell lymphoma. The appellant contends that the Veteran was exposed to Agent Orange while serving in Vietnam. The Board finds insufficient information to determine if the Veteran served within the territorial waters of Vietnam, and thus remands for further development.

The Veteran's claim for an effective date earlier than February 22, 2016 for entitlement to a total disability rating for compensation based on individual unemployability (TDIU) is denied. The Board found that there was no evidence of a claim as defined by VA regulations or evidence of entitlement to TDIU prior to February 22, 2016.

The Board denied service connection for bilateral hip pain, chronic joint pain, and chronic muscle pain. The Veteran's complaints of these conditions were attributed to CFS.,Service connection was denied for urinary leakage as it is not related to the Veteran’s active service or a service-connected disability.

The Board denied the appeal as the overpayment of $11,963.60 was properly created due to the Veteran's failure to notify VA of his change in dependency status.

The Board has denied service connection for deep vein thrombosis of the left leg as secondary to lumbar degenerative disc disease due to lack of evidence showing that the DVT was proximately due or aggravated by the back disability.