Other conditions decisions — 2021

The Veteran's request to terminate his enrollment certification for the HACC Fire Academy term from January 30, 2017 to April 28, 2017 in order to preserve Post-9/11 GI Bill educational assistance benefits was denied as he did not cancel or withdraw from the course.

The Veteran's TDIU claim is being remanded due to the need for additional development, including providing a Request for Employment Information form and confirming his current mailing address.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to a respiratory disability allegedly caused by February 2013 parathyroid surgery, finding that there was no additional disability and that it was not proximately caused by VA care.

The Board denied an earlier effective date for pension benefits due to the Veteran's unemployability and permanent total disability, as evidenced by her employment during the relevant period. The decision found that a clear and unmistakable error in the October 2008 denial did not manifestly change the outcome of the prior decision.

The Board has remanded the case for additional development, including obtaining records from December 2016 Parkridge Hospital admission and providing an addendum medical opinion to consider exposure to paint thinners and oil-based paints during active duty service.

The Veteran requested to withdraw the appeal regarding his entitlement to a TDIU rating prior to May 3, 2019. The Board has dismissed this issue as per the Veteran's request.

The Board has remanded the TDIU claim due to incomplete documentation. The Veteran is asked to complete and return a VA Form 21-8940 for further consideration.

The Board has dismissed the appeals for service connection of numbness in both legs from knees down as secondary to a service-connected left knee disability due to the Veteran's death.

The Board has granted service connection for left foot numbness and tingling, finding that the condition originated during active service.

The Veteran's service-connected incomplete partial paralysis of the right external popliteal nerve is granted a 30 percent rating from April 29, 2019. The appeal was denied for a higher rating prior to that date.

The Board has denied the Veteran's claim for an initial compensable rating for his service-connected benign cyst of the right scrotum, finding that there is no evidence of removal or atrophy of both testes, urinary tract infection, renal dysfunction, or other conditions affecting the reproductive system.

The Veteran's atherosclerotic cardiovascular disease did not result in chronic congestive heart failure, a workload of 3 METs or less resulting in dyspnea, fatigue, angina, dizziness, or syncope, or left ventricular dysfunction with an ejection fraction (LVEF) of less than 30 percent. As such, the initial rating in excess of 60 percent for his atherosclerotic cardiovascular disease is denied.

The Board has decided to remand the case due to a dispute over whether the overpayment of VA disability compensation benefits was properly created. The Veteran is challenging the validity of this debt and needs further review.

The Board denied the Veteran's claim for service connection for urinary retention, finding that there is no evidence of a causal relationship between his period of active duty and his current condition.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions alone did not render him unable to secure or follow substantially gainful employment.

The Veteran's thoracic spine disability is granted at a 40 percent rating from January 31, 2009 to October 18, 2019. The appeal for higher ratings on the cervical and knee disabilities remains pending.

The Board denied the Veteran's claim for service connection for a right leg disability, finding that there is no established correlation between his current right leg disability and his military service.

The Board has remanded the case due to a lack of VA treatment records from 1974 and CAMC records related to a collapsed lung shortly after separation. The AOJ is instructed to retrieve these records.

The Board has determined that there was not substantial compliance with its previous remand and thus the case must be returned to the RO for further development, including obtaining a new medical opinion regarding the nature and etiology of any current or previously diagnosed skin conditions.

The Veteran's gastrointestinal disorder is granted, but the respiratory condition claim is remanded due to insufficient evidence.