Other conditions decisions — 2020

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further consideration.

The Veteran's claims for additional disability in the form of abdominal pain and increased cardiac disability due to gallbladder surgery performed at the VAMC in Philadelphia in October 2012 were denied as there is no evidence that VA treatment caused these disabilities.

The Veteran's appeal for a higher rating for her right foot disability and TDIU was denied. The Board found that the evidence did not support a rating in excess of 20 percent, which is the current assigned rating. For TDIU, the Board noted that the Veteran meets the criteria due to her service-connected disabilities (PTSD, right foot disability, and lumbar spine disability) but concluded she was not unemployable based on these conditions alone.

The Board of Veterans' Appeals has determined that the Veteran's detached retina of the right eye is not caused by VA treatment, and therefore denied compensation under 38 U.S.C. § 1151.

The Board has decided to remand the case due to inadequate development, specifically a lack of a VA examination for the Veteran's balance issues and an insufficient medical opinion regarding the relationship between his service-connected tinnitus or hearing loss and his current balance issues.

The Veteran's lipoma scar is currently rated at 10 percent, but the Board finds no evidence of additional disabling effects not considered in this rating. The claim for an increased rating is denied.

The Board has remanded the case due to inadequate efforts by the AOJ in obtaining records related to a FTCA settlement. The AOJ is instructed to attempt to obtain all FTCA documents associated with this case from official sources, such as through a PACER search or contacting VA's Office of General Counsel.

The Board has remanded the case due to inadequate examination for determining the severity of the Veteran's right middle finger disability. The RO should obtain an adequate VA examination that addresses full range of motion testing, pain during testing, and additional impairment in connection with flare-ups or repetitive use over time.

The Board has remanded the case due to insufficient examination regarding the etiology of the Veteran's dental disability, specifically addressing his conceded combat dental trauma.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to a lack of proximate cause, concluding that the additional disability (temporomandibular injury) was not caused by VA negligence or an unforeseeable event.

The Board has remanded the claims for increased ratings for right and left medial epicondylitis due to inadequate examination reports.

The Veteran's claim for a higher disability rating for post-operative hallux valgus of the left foot with degenerative disease was denied as he is already receiving the maximum schedular rating authorized under Diagnostic Code 5280.

The Veteran requested to withdraw his appeal for a TDIU from the legacy appeals system, and the Board dismissed the appeal as a result.

The Veteran's right foot DJD with os perineum syndrome and fibrous coalition calcaneus-navicular joint is granted a rating of 30 percent, but no higher, prior to June 1, 2019.,The issue of entitlement to an extraschedular rating for the right foot disability remains pending.

The Veteran's service connection claims for restless leg syndrome, left leg and right leg have been granted.

The Veteran's right foot injury residuals, including chronic strain and fracture, are granted a 10 percent evaluation from March 29, 2012, to April 3, 2016.

The Veteran's claim for service connection for a neurological disorder is denied as he does not have a current diagnosis of such.,The Veteran's claim for service connection for a blood vessel disorder, claimed as peripheral vascular disease, is denied as he does not have a current diagnosis of such. The Board also notes that the Veteran has a current diagnosis of right breast cancer and an addendum opinion is needed to determine if it is at least as likely as not related to his military service.,The Veteran's claim for service connection for male breast cancer is remanded due to insufficient evidence regarding its etiology.

The overpayment of spousal allowance compensation benefits in the amount of $12,085.42 is waived due to the Veteran's fault for not properly notifying VA of his divorce and subsequent marriage.

The Veteran's appeal has been withdrawn by his attorney, and the Board is dismissing the case as a result.

The Board has granted the Veteran's claim for TDIU based on his service-connected disabilities, finding that they rendered him unable to secure or follow substantially gainful employment.