Other conditions decisions — 2020

The Veteran's claim for a rating in excess of 10 percent for herniated nucleus pulposus, L5, prior to December 3, 2014, was denied. For the period starting December 3, 2014, the claim was also denied.

The Board has remanded the Veteran's claim for service connection for a left foot disorder, as residuals of a left foot injury. The appeal is being returned to the RO for additional development including obtaining updated VA treatment records and considering all evidence received since the last Supplemental Statement of the Case.

The Board denied the appellant's request for an earlier effective date for service connection for cause of death and aid and attendance benefits. The appeal was dismissed as there were no pending claims at the time of the Veteran’s death, and the appellant did not have standing to file a claim for accrued benefits.

The Veteran's chronic osteomyelitis of the right leg was granted a 60 percent evaluation prior to November 12, 2012.

The Veteran died of metastatic squamous cell carcinoma, which was not service-connected. The Board denied the claim for service connection as there was no evidence linking the cancer to his military service.

The Veteran's claims for SMC due to need for aid and attendance or housebound status were denied as he was not service-connected for any disability during his lifetime.

The Veteran's appeal is remanded for further development regarding the rating of his chronic brain syndrome and residuals of a right calcaneus fracture with post-traumatic changes, as well as entitlement to TDIU. An earlier effective date of July 19, 2006 is granted for the 50 percent rating currently assigned for chronic brain syndrome.

The Veteran's death was not caused by a service-connected disability, and there is no evidence linking the cause of death (chronic lymphocytic leukemia) to active duty or exposure to ionizing radiation.

The Veteran's claim for service connection of a right forearm disability, previously claimed as calcium buildup of the right elbow and arthritis of the right elbow, is reopened. The Board finds that an additional VA examination is required to determine the etiology of his current right forearm or elbow disabilities. Additionally, a supplemental statement of the case (SSOC) must be issued addressing the Veteran's claims for increased ratings for right foot hallux valgus and scars from injury to the right elbow.

The Board has remanded the case due to a lack of evidence confirming whether the Veteran served in the territorial waters of Vietnam while stationed aboard the USS Forrestal. The Veteran seeks service connection for prostate cancer, which is presumed related to herbicide exposure.

The Veteran's initial ratings for left knee and right knee disabilities were denied as the evidence did not support a higher rating based on limitation of motion or instability.

The Veteran's death was not caused by a service-connected disability, and there is no evidence of herbicide exposure. The Board denied DIC under 38 U.S.C. § 1318 and the cause of death claim.

The Veteran's service connection claim for stress incontinence is remanded due to incomplete STRs and the need for additional VA examination.

The Veteran's application for educational assistance benefits under the Post-9/11 GI Bill was denied because he did not meet the eligibility criteria, specifically due to his discharge from service under other than honorable conditions.

The Veteran's claim for a compensable disability rating for his service-connected left little finger fracture is denied as the examination did not document any limitation of motion or painful motion, and the highest schedular rating has already been assigned.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding whether his loss of sense of smell and altered taste are related to his service-connected migraines and in-service head trauma. The case will be returned to the RO for further development.

The Veteran's death was not found to be related to a service-connected disability, and therefore the claim for DIC under U.S.C. 1318 is denied.

The Veteran withdrew his appeal regarding whether to count a withdrawn application for benefits to the Social Security Administration as income for VA purposes, and the Board has dismissed this issue.

The Board found that the Appellant's character of discharge for the period from March 19, 2003 through December 5, 2005 constitutes a bar to VA benefits due to willful and persistent misconduct.

The Board has decided to remand the case for further development and consideration of whether the Veteran is competent to handle his VA benefits payments, as well as the proper appointment of a fiduciary. The competency issue will be reviewed after a psychiatric examination and additional evidence is gathered if necessary.