Other conditions decisions — 2021

The appeal for a TDIU, including on an extraschedular basis, has been dismissed due to the Veteran's death.

The Board has found that service connection for a jaw condition is not established due to lack of credible evidence showing an in-service injury or disease. The bilateral foot condition claim was remanded, and the Veteran should provide authorization for release of his private treatment records from Pana Medical Group and Drs. Hess, Siegert, and the foot specialist.

The Board has remanded both the ALS service connection claim and the SMC need for regular aid and attendance claim due to incomplete development of travel dates during active duty.

The Board denied service connection for penile shortening, finding that it was not incurred in or aggravated by service and is not proximately due to, aggravated by, or the result of a service-connected disability.

The Board found that the termination of VA pension benefits due to excessive income, effective July 1, 2009, was proper and that the overpayment of $43,989.33 in VA pension benefits was validly created.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's Grade I systolic dysfunction is related to his active service or secondary to a service-connected disability. The RO must obtain an addendum opinion as directed by the August 2020 Board remand.

The Veteran's appeal was dismissed due to their passing away during the pendency of the appeal.

The Board has remanded the claims for service connection for left ankle arthrosis, right ankle arthrosis, and a neck disability due to new evidence submitted by the Veteran.

The Veteran's right knee disability, characterized by limited extension and flexion, is now rated at 30 percent effective from September 11, 2019.

The Board has remanded the case due to inadequacies in an August 2013 VA examiner's opinion and a need for clarification on pre-existing condition allegations. The Veteran is required to undergo a new examination and provide addendum opinions regarding the etiology of his diagnosed foot disorders.

The Veteran's chronic blepharitis has manifested by periodic eye irritation, including pain, eye watering, and foreign body sensation. The preponderance of the evidence is against a finding that the eye disability caused visual impairment or disfigurement.

The Board has determined that the Veteran's full-time National Guard service qualifies for Chapter 33 benefits under the Post-9/11 GI Bill, leading to a rating increase from 40% to 50%. The effective date is pending further clarification.

The Board has denied service connection for thoracic outlet syndrome, finding no current diagnosis of the condition. The claim is remanded to consider a total disability rating based on individual unemployability (TDIU).

The Board has ordered a new VA examination to determine the nature and etiology of the Veteran's bilateral upper extremity tremors, including exposure to contaminated water at Camp Lejeune. The examiner must opine whether these tremors are related to an in-service injury or disease, including exposure to contaminated water at Camp Lejeune.

The Veteran's claim for service connection of Osgood Schlattner disease, which includes shin splints, was granted with a noncompensable rating effective March 23, 2015. The Veteran also received increased ratings and earlier effective dates for his PTSD with depressive disorder and alcohol abuse.

The Board dismissed the appeal due to the Veteran's death, and no service connection issues were decided.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to August 9, 2009. Therefore, the claim for an effective date prior to August 9, 2009 for TDIU is denied.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Board denied the Veteran's claims for an earlier effective date for service connection of cold injury residuals of his right and left feet, finding that the earliest possible effective date is December 13, 2016, which coincides with the date of receipt of his claim.

The Veteran's initial claim for a higher rating for his right foot degenerative joint disease is being remanded due to the need for additional VA clinical records and an examination.