Other conditions decisions — 2020

The Veteran's claim for one-time payment from the FVEC is remanded due to new evidence submitted by the appellant, and further inquiry into his eligibility under the fund should be conducted.

The Veteran's claim for service connection of a right eye condition, including residuals of a tumor, is being remanded due to the need for a VA examination and the potential relevance of private treatment records. The examiner will determine if the condition had its onset during service or within one year after service, considering presumed exposure to herbicides.

The petition to reopen the claim of entitlement to service connection for enlarged prostate was denied.,The petition to reopen the claim of entitlement to service connection for skin rash was denied.

The Board denied the Veteran's claim for service connection for a bilateral eye disability, finding that new and material evidence had not been received to reopen the claim. The evidence did not show any current disability related to service.

The Veteran's claim for service connection for residuals of contusion to the great right toe is granted, as new and material evidence has been submitted and his condition is found to be related to his in-service injury.

The Veteran's appeal for education benefits under Chapter 33 (Post-9/11 GI Bill) was denied because she had already used her eligibility from the Montgomery GI Bill to receive benefits, and a prohibition against using the same period of service for both programs is in effect.

The Veteran's right transmetatarsal amputation was not caused by VA treatment, and the Board found that VA did not cause or contribute to the progression of his condition. The claim for compensation under 38 U.S.C. § 1151 is denied.

The Board has decided to remand the case due to an error in calculating the appellant's interest income, which affects her VA death pension benefit amounts for the period from May 2015 to March 2016. The AOJ needs to provide a clear explanation and recalculate the benefit.

The Board has decided that the Veteran's heart palpitations may be related to service or a service-connected condition, but needs further medical examination to determine this.

The Board has remanded the claims for alopecia, neck pain and stiffness, and left leg pain due to insufficient evidence in the record. The Veteran's service treatment records do not show any diagnosis of alopecia during service, but he was diagnosed with vitiligo while still in service. The VA examiner found it less likely than not that the Veteran’s alopecia is related to his service-connected conditions or an in-service event.

The Board found that the withholding of compensation benefits to recoup the Veteran's separation pay was proper and denied the appeal.

The Veteran's claim for residuals of a left leg injury was reopened and granted, with service connection established based on aggravation during active duty.,Service connection for the Veteran's skin condition of the groin area (diagnosed as dermatitis, vitiligo, or lichen simplex chronicus) was also granted.

The Veteran's claim for increased ratings for intervertebral disc syndrome (IVDS) prior to September 11, 2019, and from September 11, 2019, was denied as the evidence did not meet the criteria for a higher rating under VA's rating schedule.

The Veteran's claim for increased ratings for herpes simplex was denied as the evidence did not show that his condition warranted a higher rating at any point during the appeal period.

The Veteran's request for waiver of recovery of an overpayment of VA compensation benefits is granted due to the validity of the debt and the determination that collection would be against equity and good conscience.

The Veteran's claim for an earlier effective date for service connection for discoid lupus erythematosus, claimed as chronic pityriasis / pityriasis rosea, is denied. The Board found that the March 2004 and December 2007 rating decisions were final, and there was no evidence of a claim prior to October 30, 2017.

The Veteran's service-connected spondylolysis L4 with spondylolisthesis L4-5 and disc bulge L4-5 is currently rated at 40 percent. The Board has remanded the case for a new VA examination to assess the severity of his condition, as he reported worsening since the last examination in June 2015.

The Veteran's claim for service connection for residuals of a fracture, right femur, including osteomyelitis was reopened due to new and material evidence. The Board found that the condition is related to his active military service and granted service connection based on aggravation.

The Board has remanded the cases for further development and adjudication due to procedural errors in the initial decision.

The Veteran's claim for a higher rating for her left knee disability is denied. A separate 20 percent rating, but not higher, is granted for her chondromalacia of the left patella with meniscal tear and joint effusion. The case is remanded to determine service connection for an acquired psychiatric disorder other than PTSD.