Other conditions decisions — 2020

The Board has remanded the claim for service connection of a right elbow disability due to lack of response and failure to appear for an examination, and requests additional VA treatment records.

The Board denied the Veteran's claim for compensation under U.S.C. § 1151 for an eye disorder other than horizontal diplopia, finding that there was no evidence of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault resulting in the additional disability.

The Board has granted service connection for a hysterectomy and residuals, finding that the fibroids which led to the surgery were first noted during service.

The Veteran's left hip disability and skin condition have been granted a 10 percent rating each, effective from February 24, 2016.

The Board denied service connection for left elbow condition, finding no evidence of a current disability or one that began during service.,The Board also found the withholding of VA compensation benefits due to concurrent receipt of military drill pay was proper.

The Board has granted service connection for basal cell carcinoma and squamous cell carcinoma, finding that the conditions are related to exposure to herbicides during active duty in Vietnam.

The Board denied service connection for myalgia left masseter region with TMJ, finding that the Veteran does not have a compensable dental disability and thus cannot establish service connection.

The Veteran's claim for a TDIU is remanded due to insufficient evidence regarding his income during the appeal period. Further development is needed to determine if his income exceeded the poverty threshold.

The Veteran's claim for service connection for a dental disability is denied as there is no evidence of loss of substance of the maxilla or mandible due to an in-service injury, and compensation is not available for treatable carious teeth.

The appeal for recognition as the Veteran's qualifying surviving spouse for establishing eligibility for VA death benefits is dismissed.

The Board has remanded the case due to a lack of adequate opinion regarding whether any skin disorder is etiologically related to service. The AOJ must obtain outstanding VA treatment records and an adequate opinion from the examiner.

The Veteran's appeal for a compensable rating for gastritis is being remanded due to an administrative error. A Statement of the Case must be issued addressing this issue.

The Veteran withdrew his appeal concerning the rating for right tibia fracture, service connection for sleep disorder, vision problems, rash on hands and feet, and back injury.

The Board has remanded the case due to missing documents regarding the overpayment of nonservice-connected pension benefits.

The Veteran's claim for a rating in excess of 30 percent for Crohn’s disease was denied.,The Veteran's claim for TDIU was also denied.

The Board has determined that the issue of whether the award of apportionment of the Veteran’s VA compensation benefits was proper is not ripe for appellate review due to procedural issues. The case involves a simultaneously contested claim, and the provisions of 38 C.F.R. §§ 19.100-02, 20.500-04 are applicable. Remand is necessary to ensure full compliance with these procedures.

The Veteran's service-connected fracture, right 4th and 5th metacarpals is now rated at 10 percent effective November 3, 2014. The condition was previously rated as noncompensable prior to that date.

The Veteran's death was service-connected, but the appellant is not eligible for additional burial benefits or transportation reimbursement as per VA regulations.

The Board has decided that the Veteran's leukemia may be service connected, but needs further evaluation to determine if it is related to his active duty or a pre-existing condition.

The Veteran's service connection claim for chronic lymphocytic leukemia, which he contends is related to herbicide agent exposure during his Vietnam service, has been remanded due to insufficient evidence of in-service exposure within the 12 nautical mile territorial sea of the Republic of Vietnam.