Other conditions decisions — 2020

The Board granted a 20 percent disability rating for ulnar nerve compression of the left upper extremity prior to March 1, 2016. For the entire appeal period, the Veteran's condition was rated at 20 percent.

The Board denied service connection for pericarditis as there is no current disability and the Veteran's in-service treatment was resolved prior to separation.

The Veteran's son is denied recognition as a helpless child due to evidence of prior marriage, which disqualifies him from the benefit.

The Veteran's claim for an earlier effective date for TDIU was denied as he had earned income above the poverty threshold and was employed prior to January 11, 1995.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service connection for cause of death, specifically his in-service asbestos exposure. The AOJ is instructed to seek and obtain all relevant personnel records from the Veteran's first period of active duty (Navy) and conduct a medical opinion on the relationship between the Veteran's death and his military service.

The Veteran's claim for a higher rating for his left lower extremity varicose veins and post-phlebitic syndrome was denied as there is no evidence of persistent edema, stasis pigmentation or eczema to warrant an increased rating.

The Board denied the claim for an effective date prior to July 10, 2014, for the award of special monthly death pension benefits based on the need for aid and attendance.

The Board found that the Veteran made a full $1200 contribution for Chapter 30 education benefits and granted an additional refund of basic pay in the amount of $175.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for an arthritic disorder. The case is remanded for further development, including a VA examination.

The Veteran's service-connected fracture of anterior maxillary and labial cortex with teeth #8,9,10,23,26 due to trauma is being remanded for further evaluation. The case will be returned after compliance with appellate procedures.

The Board denied the Veteran's claims for service connection of a cardiac disorder, memory problems, and sexual impairment. The reasons given were that there was no evidence linking these conditions to his active duty service or service-connected disabilities.

The Board has determined that the Veteran's current left upper extremity disability is at least as likely as not caused by his service-connected migraines, and thus grants service connection for this condition on a secondary basis.

The Board denied the Veteran's claim for service connection for post-operative residuals of abdominal adhesions, finding that there was no clear evidence of aggravation beyond its natural progression during active service.

The Board has determined that the appellant is recognized as the Veteran's surviving spouse for purposes of VA benefits, based on her belief in a common law marriage and continuous cohabitation with the Veteran.

The Veteran's service connection claim for an acquired psychiatric disorder, including adjustment disorder and insomnia, is granted. Service connection for PTSD is denied. The claim of entitlement to service connection for sleep apnea is remanded.

The Board has granted service connection for degenerative joint disease and chondromalacia of the right knee, finding that these conditions are related to the Veteran's military service.

The Veteran's appeal for a waiver of overpayment of compensation benefits was denied as the second request was not timely filed.

The Veteran's claim for a higher rating for his service-connected myofascial strain to the lower bilateral paraspinal muscles is remanded due to the need for further examination and development of records.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's light sensitivity is related to his service, as it may be separate from his service-connected migraine headaches and pinguecula.

The Veteran's heart condition is remanded for a VA examination to determine if it was aggravated by service. His PTSD is also remanded as secondary to his heart disorder, and he is seeking TDIU and temporary total disability.