Other conditions decisions — 2020

The Board has remanded the claims for further development, including obtaining a VA addendum opinion to clarify the diagnoses and provide etiological opinions regarding the Veteran's aneurysms and peripheral vascular disease.

The Veteran's degenerative joint disease, status post right hip replacement surgery is currently rated at 70 percent since February 8, 2017. The Board has remanded the case for further development.

The Board denied the Veteran's claims for service connection for pulmonary fibrosis, finding that there was no evidence of asbestos or herbicide exposure during service and concluding that the condition is not related to active duty service.

The Veteran's appeal for service connection of colon cancer has been dismissed due to his death.

The Board has ordered an additional remand due to the lack of compliance with previous remand directives regarding obtaining an addendum opinion from a VA medical professional.

The Board has remanded the case due to inadequate VA opinions and a need for additional evidence. The liver condition claim is being returned for further development.

The Veteran's service-connected conjunctivitis is currently rated noncompensable. The Board denied a compensable rating as the conjunctivitis has no residuals and does not result in visual impairment or disfigurement.

The Board has remanded the Veteran's claims for increased ratings and service connection due to conflicting evidence in his case. The initial rating of 10% prior to January 28, 2016, is granted, while a 30% rating from that date forward is also granted.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board has remanded the case due to incomplete VA examination for service connection of a left lower leg disorder. The issue of entitlement to TDIU is also remanded as it is inextricably intertwined with the claim for service connection.

The reduction of the Veteran’s disability rating for bilateral cataracts with bilateral retinopathy to 30 percent effective October 1, 2019 was proper. A rating higher than 30 percent is denied.

The Board has remanded the claims for death benefits and accrued benefits for the deceased Veteran's minor children JM and SM due to a lack of legible court documents showing that the appellant is their legal guardian.

The Veteran's right collar bone fracture is rated at 20 percent, and the claim for a higher rating is denied. The Veteran's actinic keratosis is now rated at 60 percent from September 9, 2010.

The Board has dismissed the appeals for service connection of adenocarcinoma of the lower esophagus and lower denture bone loss due to adenocarcinoma of the lower esophagus as the Veteran died during the appeal process.

The Board has decided that the overpayment in the amount of $2,466.33 was improperly created due to concurrent receipt of VA compensation benefits and drill pay. The decision is remanded for further action.

The Board has remanded the case due to insufficient opinions regarding service connection for a bilateral foot disability and its aggravation during active service. The Veteran's claim is being returned for further examination and opinion.

The Veteran's appeal was dismissed because he died during the pendency of his case, and the Board has no jurisdiction to adjudicate the merits of his claim.

The Veteran's claim for service connection for vertebral fracture is denied due to the character of discharge from other than honorable conditions.,Service connection for bilateral cataracts with pinguecula is also denied as there is no evidence linking these conditions to active duty service. The Board found that the Veteran’s right eye injury did not result in any residual disabilities and his current cataracts are age-related.,The Veteran's claim for service connection for bilateral cataracts with pinguecula, for the purpose of receiving VA health care benefits authorized by Chapter 17, is also denied.

The Board granted a partial waiver of recovery for the overpayment of VA compensation benefits in the amount of $4,737.49 due to a retroactive reduction for FY 2018 active pay, finding it against equity and good conscience but not against the principles of equity and good conscience.

The Board has granted the Veteran's claim of service connection for pericarditis, finding that his current condition first manifested during active duty and has continued since separation. The decision is based on credible testimony from the Veteran and a private medical opinion establishing a nexus between his service and his current condition.