Other conditions decisions — 2020

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence to support a link between his current DDD and an in-service injury. The Board concluded that the Veteran’s job as a railroad worker after service was more likely responsible for his condition.

The Veteran's non-service-connected disability pension benefits were terminated as of February 1, 2007 due to his receipt of Social Security Disability Insurance (SSDI) benefits that caused his income to exceed the maximum annual pension rate.

The Veteran's thrombosis, TIA, or cerebral infarction with major neurocognitive disorder is rated at 100 percent effective July 17, 2015. The Veteran also receives SMC based on a need for regular aid and attendance as of the same date.

The Veteran's claim for an earlier effective date for recognition of his spouse as a dependent is denied because the earliest allowable date based on the evidence is March 21, 2018.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's respiratory disability and its relationship to service. The case will be returned for further development, including obtaining personnel records and VA/privately obtained treatment records.

The Veteran's heart condition, including CAD, is presumed to be due to his in-service herbicide exposure at Camp Liberty Bell near the Korean DMZ. The Board granted service connection for this condition.

The Veteran's cancer of the biliary tract and its residuals are being remanded for further examination to determine if they are related to his presumed in-service exposure to Agent Orange.

The Veteran's TMJ was granted a disability rating of 20 percent from July 6, 2015 to March 26, 2017.

The Veteran's intraoperative fracture of the left proximal femur during a September 2010 hip surgery was not caused by VA negligence, but rather it was a reasonably foreseeable risk of the surgery. Therefore, compensation under 38 U.S.C. § 1151 is denied.

The Board denied the Veteran's claim for service connection for a skin condition, finding that there was no evidence of a chronic skin condition in service or within the applicable presumptive period following his discharge. The Board also found insufficient evidence to support a link between the Veteran's presumed exposure to Agent Orange and his current skin condition.

The Board has remanded the case due to inadequate rationale in a medical opinion and insufficient evidence regarding the cause of the Veteran's acute leukemia.

The Veteran's appeal for an increase in his rating for postoperative residuals of a torn anterior cruciate ligament and a torn lateral meniscus of the right knee is being remanded due to the need for further development, including a VA examination.

The Veteran's right foot fracture residuals are rated at 30 percent, effective as of the date of this decision. A separate 10 percent rating is granted for hammertoe of digits two through five associated with the right foot fracture. The issues regarding acne vulgaris scarring remain remanded.

The Veteran's scleroderma is related to his in-service exposure to benzenes, and the Board has granted service connection for this condition.

The Veteran's claim for a low back disability was granted with an effective date of November 5, 2014. The appeal is denied for other issues.

The Board has remanded the case due to insufficient examination and lack of information regarding functional loss during flare-ups. The Veteran's TMJ with bruxism disability needs to be re-evaluated for a compensable rating.

The Board has found that the VA opinion regarding the Veteran's ability to obtain and maintain substantially gainful employment is inadequate, and thus remanded for further development. The TDIU claim and DEA eligibility claim are inextricably intertwined.

The Veteran's appeal has been dismissed due to the death of the appellant, and no jurisdiction remains for the Board to consider the merits of the case.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for neurological impairment of the left and right upper extremities. The claims are now remanded for further development.

The Board denied the Veteran's claim for service connection for a right foot disorder, finding no current diagnosis and insufficient evidence to establish a link between his current condition and service.