Other conditions decisions — 2020

The Board denied an initial rating in excess of 10 percent for metatarsalgia of the first MTP joint of the left foot and granted a compensable rating (10%) for left foot hallux valgus, finding that the Veteran's hallux valgus more nearly approximated a severe disability equivalent to amputation of the great toe.

The Board found that the appellant's ACDUTRA service qualifies for VA benefits, thus granting basic eligibility.

The Board denied a compensable rating for onychomycosis from October 4, 2010, finding that the skin disorder did not meet the criteria for a higher disability rating under Diagnostic Code 7813.

The Board denied the Veteran's claim for service connection for a dental condition, including TMJ with subsequent loss of teeth, finding no evidence to support her contention that she has a current disability related to in-service trauma.

The Veteran's claim for an increased rating of his service-connected fractured right navicular is remanded due to the failure to comply with previous Board remand directives regarding verification of the Veteran's current mailing address and scheduling a new examination.

The Veteran's claim for service connection for diverticulitis and post-operative sigmoid colon resection has been reopened, and the Board finds that new evidence supports this claim. Service connection is granted for these conditions. Additionally, a rating of 50 percent for post-traumatic headaches from February 13, 2020, is granted.

The Veteran's AML and MDS are granted service connection due to Agent Orange exposure. Service connection for an acquired psychiatric disorder, specifically depression, is remanded.

The VA has obtained additional evidence that is pertinent to the Veteran's claim for an initial compensable rating for corneal erosions with keratopathy. The AOJ needs to review this new evidence and prepare a Supplemental Statement of the Case (SSOC).

The Veteran's liver cysts were not incurred in service and are not due to a service-connected disability.

The Board has remanded the case due to insufficient development regarding the etiology of the Veteran's strokes and their connection to service, specifically exposure to herbicide agents. The Veteran is presumed exposed to herbicide agents but his gene mutation causing stroke is not known to be related to such exposure.

The Board has already granted an earlier effective date for DEA benefits, so the appeal is dismissed as moot.

The overpayment of VA pension benefits for the period from September 2007 through January 8, 2008 and August 7, 2008 through October 31, 2008 was properly created. However, the debt calculated as $6,454.93 from January 9, 2008 through August 6, 2008 was not properly created.

The Board has granted service connection for basal cell carcinoma and actinic keratosis. Service connection for fatigue is remanded.

The Veteran withdrew their appeal before the Board could make a decision, so the case is dismissed.

The Board granted the appellant's request to waive a $941.38 late fee, finding that it was against equity and good conscience due to her appeal of the overpayment decision.

The Veteran's claim for an apportionment of his VA compensation benefits during his period of incarceration is denied because he has not been convicted of a felony and therefore does not meet the criteria for an apportionment.

The Board has remanded the case due to unclear information about the Veteran's Social Security benefits, which may affect his pension eligibility.

The Veteran's fibrocystic breast disease and breast cancer were granted service connection as they are considered direct service-connected disabilities, not related to exposure to ionizing radiation or other presumptive conditions.

The Board has remanded the claims for service connection for residuals of cold weather injury to both feet due to insufficient consideration of relevant STRs and VA examination.

The Board has remanded the claim for a waiver of overpayment of educational benefits due to an incomplete Financial Status Report (FSR). The Veteran must provide an updated FSR, and the Committee on Waiver and Compromises should review the record and reconsider the request.