Other conditions decisions — 2020

The Board denied a higher rating for the Veteran's partial tear of right quadriceps, Muscle Group XIV, as it is currently rated at the maximum schedular rating available.

The Veteran's net worth exceeded the statutory limit for VA pension benefits, resulting in a denial of nonservice-connected pension benefits.

The Board has denied the Veteran's claims for non-compensable ratings for service-connected left and right leg stress fractures, finding that there is no evidence of knee or ankle disability to warrant a compensable rating under any applicable diagnostic codes.

The Board has decided that the VA was correct to adjust the Veteran's pension based on income, dependency, and medical expenses from May 1, 2017 onwards. The decision is remanded for further adjudication regarding whether a reduction in the Veteran’s pension award prior to May 1, 2017 is proper.

The Veteran's service-connected Dupuytren contractions of the left index finger, little finger, ring finger and right little finger, right ring finger have all been denied as not meeting the criteria for a compensable rating.

The Veteran's claim for service connection for a left eye disability was denied because the new evidence submitted does not address the issue of nexus and is considered duplicative.

The Board denied service connection for the cause of the Veteran's death due to lack of evidence showing herbicide exposure during active duty and insufficient evidence linking any disability, including congestive heart failure, to service.

The Veteran's appeal is remanded for a complete audit of his account and an administrative decision regarding the validity of the debt created between September 1, 2001 to April 30, 2011.

The Board has determined that additional development is needed to address duty-to-assist errors and obtain relevant VA treatment records, including consent forms signed by the Veteran prior to his eye surgeries. The claim will be remanded for a new VA examination with an ophthalmologist to assess any currently-diagnosed left eye condition.

The Board denied the Veteran's claim for a rating in excess of 20 percent for residuals, post-operative left clavicle injury due to lack of medical evidence showing limitation of motion of the arm to 25 degrees from side.

The Board denied service connection for an acquired psychiatric disorder, finding no current diagnosis and insufficient evidence to support the claim.

The Board dismissed the appeal regarding a reduction of the award of apportionment of the Veteran’s monthly VA compensation benefits because the Veteran did not file a timely Notice of Disagreement (NOD) within 60 days of notification of the August 2019 apportionment decision.

The Board denied the Veteran's claim for service connection of a bilateral foot disorder, finding that there was no direct or secondary service connection based on lack of in-service injury and insufficient evidence linking the current condition to active duty.

The Board denied service connection for right eye blindness, finding that the Veteran's current eye disability is not related to his in-service injury and is more likely due to natural aging processes.

The Board denied the Veteran's claim for a TDIU as it was unclear if he received compensation from his employment, and thus could not determine if he is unable to obtain and maintain substantially gainful employment due to his service-connected disabilities.

The Veteran's bilateral dry eye syndrome is granted a separate rating of 20 percent effective May 28, 2011. The ratings for conjunctivitis are remanded.

The Board denied the Veteran's claim for service connection for a dental disability due to medication used to treat his service-connected grand mal seizure disability, finding that there was no evidence of loss of substance of the maxilla or mandible resulting from trauma or disease.

The Board has remanded the case due to non-compliance with previous directives, specifically regarding a medical opinion on whether the liver condition that caused the Veteran's death is related to exposure to herbicide agents in service.

The Board has dismissed the appeal regarding service connection for funnel chest, as the Veteran no longer wishes to pursue this claim and his throat condition (left hemi larynx dysphagia) is now service connected.

The Board has decided to remand the case due to incomplete development and requires a new VA examination to address conflicting diagnoses of record and provide an adequate etiological opinion for any current respiratory disability.