Other conditions decisions — 2020

The Veteran's heart valve condition is granted as secondary to his service-connected Reiter’s syndrome. His chronic skin condition, other than one caused by Reiter’s syndrome, is denied.

The Board has remanded the case due to incomplete development and need for a new VA examination.

The Board has remanded the case due to inadequate development and a need for an addendum opinion from the September 2019 VA examiner, specifically addressing Dr. G.W.'s private medical opinion.

The Board denied the Veteran's request for an earlier effective date for his spouse, C.C., as a dependent for VA benefits. The overpayment of VA compensation benefits was determined to be properly created.

The Veteran withdrew his appeals for increased ratings and service connection, leaving only the hearing loss claim still pending.

The Board denied the Veteran's claim for service connection for bilateral cataracts, finding that there was no evidence linking his current condition to his military service or exposure to ionizing radiation.

The Veteran's appeal for an earlier effective date for payment of additional compensation for his spouse was denied. The earliest possible effective date is June 1, 2019, as that is the date VA received a written claim for this benefit and notice of the marriage.

The Board denied the Veteran's request for restoration of competency, finding that he lacks the mental capacity to handle his VA benefits due to cognitive issues and financial difficulties.

The Veteran's right side TMJ disorder has been rated at 10 percent since April 30, 2011. The Board found that the condition did not meet criteria for a higher rating as it only manifested in lateral excursion range of motion greater than 4 millimeters and interincisal range of motion of 31 to 40 mm without evidence of dietary restrictions.

The Board denied the Veteran's claim for an earlier effective date for the award of service connection for Waldenstrom's macroglobulinemia (Non-Hodgkin's lymphoma) based on CUE, as the June 2017 rating decision was not clearly and unmistakably erroneous. The effective date granted in March 14, 2017, is the earliest allowed by law due to a change in VA regulations.

The Veteran's death benefits are set at $1,340.14 per month for a spouse who is rated as totally disabled and married to the veteran for at least eight years prior to his death. The appellant is not entitled to an increase in her DIC payment.

The Veteran's countable income did not exceed the applicable maximum annual pension rate (MAPR) for a surviving spouse at the aid and attendance rate, thus allowing them to receive death pension with special monthly pension.

The Veteran's claim for a compensable evaluation for her service-connected vasovagal syncope is granted, with a rating of 10 percent.

The Board dismissed the appeal due to the appellant's death during the pendency of the case.

The Board denied an earlier effective date for the grant of service connection for Amyotrophic Lateral Sclerosis (ALS) because the claim was received more than a year after separation from service, and no informal claim existed prior to March 2015.

The Board has granted service connection for chronic myelomonocytic leukemia (CMML) due to exposure to herbicide agents during active duty in Thailand, finding that the evidence is at least in equipoise as to whether the Veteran had duty assignments near the base perimeter and was exposed to herbicide agents. The medical opinions support a direct link between the Veteran's in-service exposure to herbicide agents and his diagnosis of CMML.

The Board has identified errors in the initial decision and requires further development to accurately calculate the Veteran's income and net worth for special monthly pension (SMP) with aid and attendance.

The Board denied a waiver of recovery for an overpayment in the amount of $41,983.21 due to the Veteran's incarceration and failure to inform VA of his status.

The Board dismissed the appeal of the calculation of attorney's fees as requested by the appellant's attorney.

The Board denied service connection for endometriosis, right ovarian cyst, and bilateral hallux abducto valgus due to lack of evidence showing current disability related to these conditions.,For endometriosis, the Veteran's symptoms resolved with a hysterectomy in 2005. For right ovarian cyst, there was no residual after ultrasound findings in 2001 and subsequent ultrasounds indicating resolution. For bilateral hallux abducto valgus, current disability is established but not related to service.