Other conditions decisions — 2021

The Board has remanded the case due to insufficient information regarding whether any diagnosed left eye disability had its onset in service or is otherwise related to a disease or injury in service, including reported symptoms and diagnosis of solar burn as well as the documented corneal scratch during service.

The Board has remanded the case due to incomplete development of issues related to the Veteran's right foot disabilities, including superficial scars and surgical scars. The issue on appeal for a rating in excess of 20 percent for right hallux limitus/extensus is also being remanded.

The Veteran's appeal has been dismissed due to their death.

The Board has remanded the Veteran's claims for service connection for a respiratory disability, including sinusitis and bronchitis, and for hernias. The VA examinations conducted in September 2020 did not address whether the Veteran had separate hernia disabilities or if any current respiratory disability was incurred during her active duty service.

The Board has denied the Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 for pancreatic aneurysm, finding that there is no evidence of secondary service connection or fault on VA's part in providing care.

The Board has remanded the claims for increased ratings and TDIU due to inadequate examinations in prior decisions.

The Veteran's initial rating for degenerative joint disease at L3-5 was granted at a 20 percent level prior to March 25, 2016. From March 25, 2016 to March 13, 2020, the Veteran received a 40 percent rating. The claim for an increased rating beyond this point is denied.

The Veteran's claim for a compensable rating for his service-connected stress fracture of the left foot is remanded due to the need for a more recent examination.

The Board has decided to remand the case due to inadequate VA examination and needs further development, including obtaining medical records and scheduling a new VA examination.

The Veteran's skin disability, including actinic keratosis, is not service-connected due to lack of evidence linking it to his military service or exposure to herbicides.,His removal of the left testicle is also not service-connected as it predates any diagnosis of prostate cancer and there is no link between the two.

The Veteran's appeal for service connection of a bilateral foot disorder (other than hallux valgus) has been dismissed as he withdrew his appeal prior to the Board making an appellate decision.

The appeal was dismissed due to the appellant's death.

The Board found that the Veteran's overpayment of nonservice-connected pension benefits was properly created due to unreported income from lottery winnings and Merrill Lynch payments, as well as an increase in his retirement income. The appeal for a waiver of recovery of this overpayment is denied.

The Board denied service connection for idiopathic pulmonary fibrosis, finding that the evidence did not support a link between the condition and the Veteran's military service.

The Board denied the claim of service connection for the cause of the Veteran's death, finding no evidence linking his severe respiratory acidosis, respiratory failure, and metabolic encephalopathy to his military service.

The Board has remanded the case for further review due to new evidence added to the record.

The Board has granted service connection for dental trauma to tooth #13 and arthritis of the right ring finger, both found to be related to in-service injuries. Effective dates have not been established as they are based on the date of receipt of claims.

The Board has granted an effective date of June 1, 2008 for the award of service connection for the cause of the Veteran's death. The earliest allowable effective date is determined to be the first day of the month of the Veteran’s death.

The Board has determined that the Veteran's left ACL rupture, status-post reconstruction, is proximately due to his service-connected right hip disability and grants service connection for this condition.

The overpayment of $7,748.73 due to the retroactive removal of a dependent spouse from the Veteran's award is now valid and will be refunded.