Other conditions decisions — 2020

The Board restored the appellant's service connection for traumatic tendonitis of the right hand and found that his character of discharge did not bar him from receiving VA benefits.

The Veteran was denied a waiver of an overpayment of nonservice-connected pension benefits due to his failure to report his wife's income, which resulted in the creation of the overpayment. The Board found that the Veteran knowingly failed to report his wife's income with intent to seek an unfair advantage and resulting loss to the government.

The Veteran's claim for a higher rating for his bilateral syndactylization of the fourth and fifth toes is denied as he already has the highest permissible schedular rating for this disability.

The Board found that the appellant's discharge from service was due to willful and persistent misconduct, not a minor offense. The Board also determined there is no evidence of insanity at the time of his in-service misconduct. As such, the character of the appellant’s discharge from service bars him from receiving VA benefits.

The Board denied service connection for bilateral hammer toe as the Veteran's pre-existing condition did not worsen during his active duty service.

The Board has decided to remand the Veteran's claim for further development due to incomplete evidence and need for additional examination.

The Board has decided to remand the case due to the need for additional development and clarification of the examiner's opinion regarding the presence of internal or external penile deformity.

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

The Veteran's adult son filed a claim for accrued benefits, but the claim was denied because he did not meet the eligibility criteria and the application was not timely filed.

The Board has determined that the Veteran's chronic eye disability, including watery eyes and blurred vision, is not service-connected as there is no evidence of a nexus between his current condition and his military service.

The Veteran's surgery for hiatal hernia resulted in a need for 90 days of convalescence, which was granted.

The Veteran's throat and tongue cancers are not presumed to be related to herbicide exposure, but the Board finds insufficient evidence for a direct relationship. The case is remanded for further examination.

The Board denied the claim of entitlement to DIC benefits as a surviving spouse because the Appellant remarried before the age of 57 and did not file for SSA survivor benefits prior to her remarriage, making her ineligible for VA DIC benefits.

The Veteran's shin splint of the left leg is remanded for further evaluation due to lack of recent VA examination and consideration of additional functional loss.

The Veteran withdrew his appeal, and the Board dismissed it.

The Board has dismissed the Veteran's claim for an earlier effective date prior to March 1, 2010 for entitlement to a total disability rating based on individual unemployability (TDIU). The case is remanded for further evaluation of the right great toe fracture.

The Veteran is granted an initial evaluation of 20 percent for residuals of splenectomy, but denied a compensable rating for the scar from the splenectomy. The issues of right shoulder disability, bilateral hearing loss, tinnitus, and hypothyroidism are referred to the AOJ.

The Veteran's claim for an earlier effective date for recognition of his spouse L.B. as a dependent was denied because the earliest possible effective date is October 10, 2018, which corresponds to when VA received notice of the marriage.

The Board has remanded the case due to insufficient evidence regarding a current diagnosis of left forearm or elbow disability, and to address whether any diagnosed condition is related to an in-service injury. The Veteran's representative argues that a positive sensitivity test from June 1981 may indicate an injury.

The Veteran's VA non-service-connected disability pension benefits were not properly calculated for the period from February 1, 2011 to December 1, 2015. The Board has granted his appeal and awarded additional pension benefits based on an error in counting his Supplemental Security Income (SSI) benefits as income.