Other conditions decisions — 2020

The Board has remanded the Veteran's claims for service connection for right and left leg restless leg syndrome due to lack of compliance with previous remand directives. The Veteran asserts his conditions are related to in-service escape and evasion training, but VA examiners have not provided adequate opinions on this issue.

The Board has granted the Veteran's claim for service connection for an allergy disorder, finding that his pre-existing condition was aggravated by military service.

The Board denied the appellant's claim for nonservice-connected VA survivor’s pension benefits in excess of those previously granted due to excessive income, as her countable annual income exceeded the maximum annual pension rate (MAPR).

The Veteran's son, N.C., was not found to be permanently incapable of self-support prior to his 18th birthday due to a head injury at age 10. The Board denied recognition as a helpless child.

The Veteran's service connection claim for loss of teeth due to radiation exposure is denied as there is no evidence that the condition is related to his military service.

The Board has denied service connection for nasal trauma and remanded the issue of service connection for balance challenges, finding that new evidence had been received to reopen the claim. The Veteran's current symptoms are not related to his service.

The Veteran's appeal has been dismissed due to their death. The claim for service connection for PTSD is decided on the merits, but as the Veteran died during the pendency of the appeal, there are no current decisions regarding this issue.

The appellant did not file a timely Notice of Disagreement (NOD) in response to the September 2017 denial of her DIC benefits claim, and therefore, this appeal is denied.

The Board has restored a 20 percent rating for Bell's palsy, left side cranial nerve VII, residual of head trauma after finding that the reduction from 20% to 10% was not proper due to lack of material improvement in symptoms.

The Veteran's surviving spouse was granted a special monthly pension of $335 per month from September 18, 2015 to July 1, 2016 due to the submission of new and material evidence regarding his entitlement to a higher special monthly pension.

The Veteran's claims for a compensable rating for uterine fibroids and TDIU due to service-connected disabilities are remanded due to duty-to-assist errors.

The Veteran's adult child is not eligible for DIC, accrued benefits, or a death pension due to the child being over 18 years old at the time of her father's death and having no evidence of incapacity before age 18. The claims are denied.

The Veteran requested to withdraw his appeal regarding the propriety of recoupment of separation pay from VA compensation benefits. The Board dismissed the appeal as a result.

The Board has remanded the cases of the Veteran's left inferior orbit injury and insomnia disorder due to a lack of recent medical examinations, which could affect their ratings.

The Board has granted service connection for squamous cell carcinoma of the base of tongue, finding that it is more likely than not related to exposure to toxins at Camp LeJeune during active duty.

The Board has determined that the Appellant's countable income from December 1, 2019 is $3,833. The RO incorrectly calculated her countable income as $4,433 and this error must be corrected.

The Board has restored the previously assigned 100% rating for right and left leg lymphedema, which was reduced from a single 100% rating to separate 20% ratings. The Veteran also received restoration of special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s).

The Veteran's wife is appealing for a higher level of SMC, specifically R-2, which was granted at the rate of R-1 effective October 30, 2014. The appeal is about the appropriate effective date and the level of care needed.

The Board has remanded the case due to insufficient evidence regarding the Veteran's heart disorders, including whether they are related to service and exposure to herbicides. A VA examination is required.

The Board has decided to remand the Veteran's claims for increased ratings for chronic nephritis and arteriosclerotic cerebrovascular disease due to outstanding medical records not having been obtained. The TDIU claim is also being remanded as it may be affected by these issues.