Other conditions decisions — 2020

The Veteran's service-connected residuals of urethra fistula disability is granted an initial rating of 40 percent, subject to controlling regulations governing the payment of monetary awards. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

The appeal has been dismissed as the appellant requested withdrawal of the appeal.

The Board previously granted service connection for bilateral hearing loss and remanded the Dengue fever residuals claim. The Veteran's July 2019 lay statement indicated a possibility of an extremely rare recurrence of Dengue fever, but further testing is needed to confirm this.

The Veteran's traumatic arthritis of the right acromioclavicular joint is rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5203. The Board denied a higher rating as there was no evidence of ankylosis or impairment to the humerus.

The Board has remanded the case due to incomplete information regarding the Veteran's income and disability status, particularly after he turned 65 in 2019. The decision is pending further development.

The Board has remanded the case due to inadequate opinions from a VA examiner regarding the etiology of the Veteran's heart condition, specifically whether any diagnosed conditions are congenital defects or diseases and if they were incurred in service.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is denied because the evidence does not support a finding that his current memory loss and speech impairment are due to VA carelessness, negligence, or error in judgment.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for purposes of substitution or accrued benefits due to her remarriage after the Veteran's death.

The Board has granted service connection for the cause of the Veteran's death due to asbestos exposure, and dismissed the DIC claim under 38 U.S.C. § 1318 as moot.

The Board denied a disability rating in excess of 60 percent for service-connected Graves' disease with insomnia, anxiety and fatigue from December 10, 2017.

The Board has remanded the case due to a need for further examination and opinion regarding the service connection of schizoaffective disorder, which is considered a new distinct claim as it involves a distinctly diagnosed condition separate from previous diagnoses.

The Veteran's claim for special monthly pension is being remanded due to the need for additional VA and Social Security Administration (SSA) records, as well as translation of Spanish language documents in the claims file.

The Veteran's chronic constipation as secondary to service-connected multiple sclerosis is granted a 10 percent disability rating from July 5, 2016. The Board also found that the Veteran’s neuritis in both lower extremities are not rated higher than 10 percent.

The Veteran's left knee disability is being remanded for further review due to new evidence submitted by VA.

The Board denied the reduction in compensation benefits due to incarceration for a felony conviction, finding that it was proper under VA regulations.

The Board found that the overpayment of $10,835.00 for nonservice-connected pension benefits was validly created due to the Veteran's receipt of benefits he was not legally entitled to receive after his incarceration following a felony conviction.

The Board has decided to remand the case due to the need for additional development, specifically scheduling an examination for the Veteran's head injury claim.

The Veteran's death was not service-connected as the cause of his death.,The Veteran did not have qualifying wartime service for pension purposes, and thus is not eligible for nonservice-connected death pension benefits.

The Board has remanded the case due to insufficient evidence regarding the cause of the Veteran's death, specifically whether his exposure to herbicide agents in service caused his colon cancer.

The Board has granted service connection for the Veteran's toenail fungus, finding that it is related to his military service.