Other conditions decisions — 2020

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the current evaluations assigned are consistent with the evidence of record.

The Board has remanded the case due to new evidence being uploaded into the Veteran's electronic claims folder since the August 2017 SOC. The AOJ should issue a SSOC with consideration of this newly received evidence.

The Board has ordered the case to be remanded for a VA examination to determine the current severity of the Veteran's service-connected right little finger disability, including any functional loss due to pain and other symptoms during flare-ups and repeated use.

The Board has decided to remand the Veteran's claim for service connection for acute promyelocytic leukemia (also claimed as leukemia) due to insufficient evidence and a need for further examination.

The Board has determined that the right lung mass biopsy performed by VA on November 12, 2014, with its subsequent complications of pneumothorax, hypoxemia, bradycardia, chest tube insertion, and arterial puncture, proximately caused the Veteran's death in June 2015. The Board has also determined that failure by VA to offer/schedule radiation treatment on or around April 2015, when the non-small cell lung carcinoma was first diagnosed, or at any time prior to June 2015, proximately caused the continuance or natural progress of the Veteran's lung cancer. The Board has therefore remanded for further medical opinions.

The Board has decided that the Veteran's bile duct cancer, which caused his death, was not service-connected. The appeal for nonservice-connected death pension benefits is remanded.

The Veteran's claim for special monthly compensation (SMC) under aid and attendance or housebound criteria has been dismissed due to the death of the appellant.

The Veteran's claim for earlier effective date of May 5, 1997, for the grant of service connection for left foot immersion foot is granted. The issue of entitlement to service connection for right foot immersion foot is remanded.

The Board has reopened the Veteran's claim of service connection for schizoaffective disorder and granted it, finding that a current disability is related to service.

The Veteran's claim for service connection of a left eye condition was denied in March 1978 due to willful misconduct. The claim has been reopened based on new evidence submitted by the Veteran, and it is now remanded for further review.

The Veteran withdrew his appeal regarding the overpayment for VA compensation and military drill pay, so the case is dismissed.

The Veteran's claims for service connection for jungle rot and PTSD are being remanded due to the VA Regional Office not complying with prior instructions. Additional records need to be obtained, including those from the Veteran’s retirement and VA treatment records. A retrospective medical opinion is needed regarding the nature and etiology of any skin disorder relating to the Veteran's feet, as well as a determination of PTSD severity.

The Veteran's right elbow disability is rated at 30 percent from December 11, 2006 to April 11, 2019 for limitation of flexion. A higher rating is denied.

The Board denied an evaluation in excess of 70 percent for adjustment disorder from September 27, 2016 and denied a prior effective date for service connection of Crohn’s disease.

The Board has determined that the VA examiner's opinions regarding the Veteran's ulnar nerve deformity (Griffin Claw) of left upper extremity, RSDS of the left arm/hand, and loss of function of the left hand are inadequate. The claims for compensation under the provisions of 38 U.S.C. § 1151 must be remanded to obtain additional medical opinions.

The Board has remanded the case to determine if the Veteran's bilateral eye disorder is related to his in-service motor vehicle accident.

The Board found that the Veteran's income exceeded the maximum allowable pension rate for a veteran with no dependents, leading to the termination of her nonservice-connected pension benefits from December 1, 2009, to March 31, 2013. The claim is denied.

The Veteran withdrew his appeal for service connection of a left hip disorder before the Board could make a decision.

The Board denied an earlier effective date for DIC benefits as the surviving spouse of the Veteran, finding no valid claim or appeal was submitted prior to March 8, 2013.

The Veteran is granted a TDIU (Total Disability Rating for Compensation Based on Individual Unemployability) due to his service-connected disabilities, which are at least as likely as not preventing him from securing or following substantially gainful employment.