Other conditions decisions — 2020

The Veteran's left fifth toe fracture residuals are rated at 10 percent, the minimum rating available under VA regulations. The Board found that the condition does not more closely approximate a moderately severe or severe foot injury.

The Board denied the claim for an earlier effective date for DIC benefits, finding that the appellant did not file a timely application to reopen her previously denied claim and that the service personnel records associated with the claims after the initial denial were not relevant to her claim. The award of service connection for the cause of the Veteran’s death was granted based on a medical opinion provided by Dr. I., who had treated the Veteran in service.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board has decided that additional development is needed for the service connection claim for a skin disability, including due to asbestos exposure. The case will be returned to the RO for further action.

The Veteran's service-connected residuals of gunshot wound to the left foot with reflex sympathetic dystrophy are granted a 30 percent rating prior to July 1, 1996.

The Board denied the Veteran's claim for service connection for residuals of stroke, finding that there was no evidence linking the condition to his period of active duty or to his service-connected coronary artery disease.

The Veteran requested to withdraw their appeal, and the Board has dismissed it.

The Board has remanded the Veteran's claims for left forearm disability and upper respiratory disability due to inadequate medical opinions in previous examinations. The Veteran is entitled to a new VA examination to determine the nature and etiology of his disabilities.

The Board found that the overpayment of $31,282.15 was valid due to the Veteran's incarceration and continued receipt of benefits despite knowing they were erroneous. The debt cannot be waived as it would violate principles of equity and good conscience.

The Board denied the Veteran's claim for service connection for gout of the knees and feet, including as due to exposure to contaminated water at Camp Lejeune, finding no medical nexus between the condition and military service.

The Board denied the Veteran's claim for service connection for squamous cell carcinoma, finding that it is not related to his military service or exposure to herbicide agents and sun exposure. The evidence did not support a link between the condition and his time in Vietnam.

The Board has decided to remand the case due to lack of substantial compliance with previous directives and inadequate opinion regarding service connection for a left leg disability, claimed as cellulitis.

The Veteran's increased ratings for mole, right pterygium and left pinguecula, and bilateral allergic conjunctivitis are granted. The rating of 10 percent is assigned from the date of claim (January 26, 2011) to March 31, 2013 for the mole on the right cheek. For the period prior to removal/partial removal of the mole, a 30 percent rating was granted. The Veteran's right pterygium and left pinguecula are rated as 10 percent from December 1, 2016 onwards. A separate 10 percent rating is granted for bilateral allergic conjunctivitis.

The Board has remanded the case due to errors in its decision regarding service connection for non-Hodgkin's lymphoma, including issues with the lack of supporting evidence and failure to consider a relevant NIOSH study.

The Board denied service connection for adenocarcinoma of the rectum, finding no evidence that it had its onset during service or was related to any in-service injury. The claim for compensation under 38 U.S.C. § 1151 was also denied as there is no indication that the Veteran's adenocarcinoma of the rectum resulted from VA care.

The Veteran's claim for a compensable rating for his left ring finger disability has been denied. The Board also remanded the issues of service connection for deviated septum, entitlement to TDIU, and SMC due to additional disabilities.

The Board has remanded the case for further development, including obtaining updated treatment records and scheduling a VA examination to determine if the Veteran's skin condition is related to service or his service-connected type 2 diabetes mellitus.

The Veteran's right knee disability, characterized by limited flexion and no instability, does not warrant a higher rating as the evidence shows that his range of motion is within the limits for a 10% rating.

The Board has remanded the claims of service connection for left and right lower extremity disabilities, as well as the claim for an initial rating in excess of 50 percent for posttraumatic stress disorder and a compensable rating for bilateral hearing loss disability. The remand includes obtaining VA and private treatment records, scheduling examinations to evaluate the Veteran's lower extremities, psychiatric condition, and hearing loss, and reviewing the January 2014 VA examiner’s opinion.

The Veteran's claim for an increased rating for diplopia was denied because he failed to report for necessary VA examinations without good cause.