Other conditions decisions — 2021

The Veteran's bilateral chronic conjunctivitis is rated at 10 percent, and the Board finds no basis to grant a higher rating. The Veteran does not have active disease processes that would warrant a higher rating under the revised criteria for diseases of the eye. His diagnoses include age-related cataracts, arcus senilis, pinguecula, dry eye syndrome, and bilateral chronic conjunctivitis. No new or material evidence was presented to reopen service connection claims for COPD and asthma.

The appeal was dismissed because the Veteran withdrew it before a decision could be made.

The Board has granted a partial waiver of recovery for the overpayment of VA compensation benefits, finding that full recovery would defeat the purposes for which benefits were intended and partial waiver would not result in unjust enrichment. The Veteran was married to his former spouse S.F. from December 1995 to December 2011 and then to V.T. from February 2012 to June 2018. During January 2012, the Veteran should have been paid at a lower rate due to his marital status.

The Board has dismissed the appeal for education benefits under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) due to a Court decision. The case is remanded for further review of work-study and VRAP education benefits.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is granted as the error in prescribing Lovenox led to an extension of his DVT, resulting in additional disability.

The Veteran's varicose veins of the left lower extremity are productive of persistent edema and stasis pigmentation with intermittent ulceration, warranting a 40 percent rating. The Board finds that further development is needed to determine if numbness in the toes affects the severity of his disability.

The Board denied the Veteran's claim for service connection for a disability manifested by short-term memory loss, finding that there is no current diagnosis of this condition and thus no basis to grant service connection.

The Board has determined that the Veteran's claim of entitlement to compensation under 38 U.S.C. § 1151 for removal of rectum and donut, hernia, and 13 inches of colon removed with pain and suffering should be remanded due to a pre-decisional duty to assist error in not obtaining the full consent document prior to adjudication.

The Board has dismissed the Veteran's appeal for service connection for a left foot disability, to include fracture and severe tissue damage. The claim of service connection for left eye hemorrhage, to include as secondary to CML, is denied.

The Board has decided to remand the case due to missing original decision and initial claim documents. The appellant seeks payment for medical expenses incurred at Aegis Sciences Corporation on February 17, 2020.

The Veteran's claim for service connection for coronary artery disease (CAD) was denied in May 2018. The effective date of the grant of service connection for CAD is January 7, 2021.

The Board denied the appellant's claim for an effective date prior to August 30, 2011, for the grant of service connection for the cause of the Veteran's death. The decision is based on the finality of a previous denial and the lack of evidence showing that the original claim was pending.

The Veteran's claim for service connection of Raynaud's syndrome was received on November 26, 2018. The effective date is set at August 27, 2018 as this is the earliest date that entitlement to service connection arose.

The Veteran is seeking a retroactive adjustment in VA disability benefits from 1983 to April 2003 based on the motion for revision of the February 1983 rating decision due to clear and unmistakable error (CUE). The Board has determined that this motion was not adjudicated by the RO, and thus the case is being remanded.

The Board has granted the appellant's request to be recognized as a substitute party for her deceased father's pending claim for an earlier effective date for pension benefits. The appeal is now considered 'pending' and VA should proceed with adjudicating this claim.

The Veteran's appeals for various ratings related to her service-connected conditions have been dismissed due to her withdrawal of all issues on appeal.

The Board has found that the February 2019 fee agreement is valid, but the eligibility for agent fees based on past-due benefits awarded in the March 2020 rating decision remains to be adjudicated.

The Board has determined that new and relevant evidence has been received, allowing the claim for special monthly compensation based on loss of use of the foot to be readjudicated. The case is remanded as an additional VA treatment note indicates the Veteran was prescribed an ankle foot orthotic (AFO) which addresses the reason for the previous denial.

The Board has granted the Appellant's motion for reconsideration and found that she is eligible for survivors' pension benefits due to her deceased spouse meeting the service requirements, having no countable income, and not exceeding the maximum annual pension rate.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the issue of whether the appellant's discharge under other than honorable conditions is a bar to the award of VA compensation benefits. However, the appeal is REMANDED for further actions including verifying the in-service stressor and obtaining a medical opinion regarding the appellant's behavior at the time of the offenses resulting in his discharge.