Other conditions decisions — 2020

The Veteran's claims for service connection for metatarsalgia with painful corn/callous and hammer toes of the left foot were denied as there was no unadjudicated applications, NODs or new and material evidence submitted between when the January 1996 Board decision became final in July 1996 and the Veteran's January 30, 2015 informal petition to reopen. The effective date for award of compensation based on a reopened claim for service connection will be on the date of receipt of the claim or the date entitlement arose, whichever is later.

The Veteran's hypertensive heart disease does not meet the criteria for a higher rating, as his left ventricular ejection fraction is greater than 30 percent and he has no chronic congestive heart failure or dyspnea at low MET levels.

The Veteran's claim for an increased rating for his service-connected residuals of fracture of the right hand is being remanded due to insufficient medical evidence. The appeal must be returned to the RO for further action.

The Veteran's adult child, the appellant, was not awarded additional burial benefits as she did not incur any transportation expenses for her father's remains. The full $2000 service-connected burial allowance has already been paid to the Veteran's surviving spouse.

The Board has granted an effective date of June 29, 2013 for the assignment of a 20 percent rating for gout. The Veteran's claim was withdrawn at the AOJ but he followed instructions to reopen it within one year and provided written notification.

The Board denied a request for an earlier effective date for recognizing C.A.D. as the Veteran's spouse for additional dependency compensation, finding that July 28, 2017 was the earliest possible date based on VA regulations.

The Board has granted the Veteran's claim for service connection for residuals of a broken nose and septal deviation, finding that his current disability is related to an in-service injury. The decision also reopened the previously denied claim.

The Board denied the Veteran's request for a waiver of overpayment due to fault on his part in not notifying VA about his divorce, and because repayment would result in undue hardship and unjust enrichment.

The appellant's claim for accrued benefits in excess of $7,589.34 was denied as there is no evidence showing the extent to which he paid for costs associated with his father's burial or last sickness.

The Board has remanded the case due to insufficient information regarding the Veteran's potential exposure to herbicides during his service in Vietnam. Additionally, a medical opinion is needed to determine if the Veteran’s post-service conditions are related to his in-service treatment for lymphadenitis.

The Veteran's claim for a higher disability rating for his left inguinal hernia condition, which includes muscle wall strain and left testicular orchalgia, has been granted. The current rating of 10% is increased to 30%. This decision does not address any other conditions or issues.

The Board has granted service connection for the Veteran's neuralgia of the chest, abdomen, and back as secondary to his service-connected diabetes mellitus.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's claim for service connection for malignant carcinoid tumors, which may be related to exposure in the Persian Gulf War. The VA is instructed to obtain relevant treatment records and schedule a new examination.

The Board denied the Veteran's claims for service connection for a gastrointestinal disorder and a skin disorder other than pseudofolliculitis barbae (PFB), finding that there was no evidence of a current disability related to service or an undiagnosed illness, and that any symptoms were not at least as likely as not related to in-service exposures.

The Board denied the Veteran's claims for higher ratings for his right hand disability and right ulnar nerve dysesthesia, finding that the evidence did not support a rating in excess of 70 percent for loss of use of the right hand. The separate rating for right ulnar nerve dysesthesia was combined with the rating for loss of use of the right hand. For the period prior to January 25, 2017, the Veteran's degenerative changes of the right wrist were rated as 10 percent disabling.

The Board dismissed the appeal due to the Veteran's withdrawal of his appeal before a decision was made.

The appeal is dismissed because the appellant died during the pendency of the appeal and their claim does not survive their death.

The Veteran's claim for service connection for a jaw condition (claimed as status post maxillary surgery) has been reopened. The Board found new and material evidence to support the reopening of this claim, but remanded it for further development due to deficiencies in the medical opinion provided by the VA examiner. Additionally, the Veteran's claim for an increased rating for his left shoulder disability is also being remanded.

The Board has granted service connection for the Veteran's rotator cuff tear, left upper extremity, finding that it is at least as likely as not related to his in-service fall from a tank.

The veteran's service was not sufficient to qualify for nonservice-connected pension benefits as he did not serve a required period of active duty during a war or due to a service-connected disability.