Other conditions decisions — 2020

The Board has decided to remand the Veteran's claims for increased ratings for his service-connected left middle and ring finger disabilities due to inconsistencies in medical records and the need for further examination. The issues are intertwined, so both must be addressed.

The Veteran's appeal for additional VA educational assistance benefits under the Post-9/11 GI Bill for a vocational flight training program beginning on September 8, 2014, was denied as he had exhausted his entitlement to Chapter 33 benefits.

The Veteran's service-connected right and left knees were rated at 10 percent each, with the right knee granted a separate rating for slight recurrent subluxation. The appeals for increased ratings have been denied.

The Board found that the Veteran's request for private VR&E tutoring services was denied because the University offered voice lessons through its music program and the Veteran had chosen to pursue those lessons despite being told they would not be covered under his VR&E benefits.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's diverticulitis and colectomy, specifically whether it is related to exposure at Camp Lejeune or service in general.

The Board denied the Veteran's claim for service connection for blindness in his right eye due to an injury, finding that there was no evidence of aggravation during service and that the pre-existing condition had reached its end-stage.

The Board denied service connection for the cause of death due to a large left middle cerebral artery (MCA) stroke, atrial fibrillation, aortic valve disorder, and dementia. The Board found no probative medical evidence linking these conditions to service or herbicide exposure.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a left eye disability due to VA medical treatment, finding that there was no evidence of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Board has granted service connection for a bilateral leg disability (restless leg syndrome) and denied service connection for gout. The Veteran's restless leg syndrome is found to have manifested in service, while his gout is not shown to be related to service.

The Board denied the Veteran's claim for service connection for an eye condition, claimed as blindness, to include as due to exposure to herbicides. The evidence did not support a finding that the Veteran’s glaucoma was related to his military service or to herbicide exposure.

The veteran's claim for VA home loan guaranty benefits was denied because he did not meet the eligibility criteria due to his uncharacterized discharge from service, which occurred due to failure to meet medical standards prior to entry into inactive duty training (IADT).

The Board has remanded the Veteran's claims for service connection for enhanced salty taste, right side of the tongue and post-operative permanent sensory disturbance to include nerve damage, paralysis and other. The Veteran is required to provide authorization for VA to obtain clarifying information from the private examiner who performed the October 2017 audiometric evaluation.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and thus denied service connection for the cause of his death.

The Board has granted service connection for nephropathy as secondary to the Veteran's service-connected hypertensive vascular disease, finding that there is at least a 50% likelihood that the Veteran's kidney condition is caused by his hypertension.

The Veteran's claims for higher ratings for cold injury residuals of the upper extremities, service connection for various conditions, and reduction in disability rating for sciatica were denied. The Veteran's bilateral foot condition was also denied.

The Board denied service connection for chronic myelogenous leukemia (CML) and residuals of a cerebrovascular accident (CVA or stroke), both claimed as due to exposure to ionizing radiation. The evidence did not support the Veteran's claims, including declassified documents showing nuclear weapons were stored in Guam but no occupational exposure to ionizing radiation was found.,The Board also denied service connection for residuals of a cerebrovascular accident (CVA or stroke), finding that there was no evidence of such disability during service and no nexus between any current condition and service.

The Board has remanded the Veteran's claims for service connection and increased rating for his respiratory condition and adjustment disorder due to outstanding VA treatment records, a new examination, and further development of the evidence.

The Veteran's overpayment of VA compensation benefits was waived due to the lack of fault on her part and because recovery would cause undue financial hardship.

The Veteran's claim for nonservice-connected pension was denied because he did not provide adequate information to evaluate his income during the appeal period.

The Veteran requested to withdraw his appeal for a TDIU, and the Board dismissed the case as a result.