Other conditions decisions — 2020

The appeal was dismissed due to the appellant's death, and no service connection issues were decided.

The Veteran's left wrist disability, residuals of a left radius fracture, has been rated at 10 percent since service connection was established in 1966. The Board denied an increased rating as the evidence does not support a higher evaluation.

The Board denied the Veteran's claim for service connection for PTSD in February 2019. The Court affirmed this decision, and as there is no longer a case or controversy within the Board’s jurisdiction, the appeal has been dismissed.

The Veteran's appeal was dismissed because he passed away during the pendency of the appeal.

The Board has remanded both issues of entitlement to an increased rating for left foot traumatic arthritis and entitlement to a TDIU due to the need for further records and medical development.

The Veteran's claim for a higher evaluation for his service-connected partial laryngectomy status post laryngeal cancer was denied. The Board found that the evidence did not support a rating in excess of 30 percent.

The Veteran withdrew his appeal for a total disability rating based on individual unemployability (TDIU). As a result, the Board dismissed the case.

The Board has remanded the claim of service connection for a skin condition due to incomplete compliance with previous remand directives.

The appeal has been dismissed because the appellant died during the pendency of the appeal, and the Board does not have jurisdiction to adjudicate the merits of this appeal.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current skin disorder is related to his service. The VA needs to obtain more information and conduct a medical examination.

The Veteran's claim for a higher rating for his left knee disability is denied as the evidence does not show that he has instability prior to July 3, 2019. The current non-compensable rating remains in effect.

The Board has granted compensation under 38 U.S.C. § 1151 for status post CVA, finding that it is at least as likely as not that the Veteran's CVA was a direct result of his participation in a research study during treatment at a VA facility and that this was not a foreseeable outcome of that treatment.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the manifestations of his service-connected left total hip arthroplasty. The issues regarding increased disability ratings and TDIU are also remanded.

The case is remanded to determine the nature of the funds from the Wells Fargo Bank account and verify if the Appellant is entitled to the funds on behalf of the Veteran's estate.

The appeal has been dismissed due to the death of the appellant, and no jurisdiction remains for the merits of the appeal.

The Veteran's claims for a brain condition, right ankle condition, left ankle condition, and right knee condition are dismissed as the Veteran withdrew his claim for a brain condition. The VA examiner found no evidence of any current right or left ankle conditions related to service.,The Veteran's right knee condition is denied as there was no in-service injury or diagnosis and the condition did not manifest within one year of separation from service.

The Veteran's case is being remanded for further development, including obtaining VA treatment records and SSA records. The issues of an evaluation in excess of 30 percent for trauma disorder and TDIU are also being remanded.

The Board has remanded the case due to insufficient discussion of a July 2018 DBQ and psychiatric assessment, which raised the issue of service connection under a secondary theory. The VA needs to provide an opinion on whether the Veteran's acquired psychiatric disorder is related to service or caused by his service-connected disabilities.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has ordered the remand for a paid and due audit to calculate the total amount of pension benefits paid to the Veteran from January 1, 2010. The case will also be referred to the Committee on Waivers and Compromises for consideration of whether a waiver of the recovery of the debt is warranted under the principles of equity and good conscience.