Other conditions decisions — 2024

The Veteran's service-connected post-phlebitic syndrome of the left leg does not render him unemployable on an extraschedular basis, as his education and work history do not support a finding that he is unable to secure or follow substantially gainful employment.

The Veteran's service-connected left foot disability is rated at 40% effective September 17, 2014, and he is also granted an SMC based on loss of use of one foot.

The Board has remanded the case due to insufficient evidence of record, including treatment records from Army hospitals and clinics in Germany where the Veteran received head injury treatment. The case will be returned for further development.

The Veteran's surviving spouse, I.H., was awarded a burial allowance of $2,000.00 based on service-connected death. The appellant filed for burial benefits but is not entitled as VA will only pay to the single representative with prior burial allowance already paid.

The Veteran's cardiac tamponade, pericarditis, and aggravation of atrial fibrillation were caused by the carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA medical care with respect to the treatment he received at a VAMC in November 2017. As such, the appeal for compensation under 38 U.S.C. § 1151 is granted.

The Veteran's dry skin of the hands is rated at 10 percent since January 28, 2016. The Board denied an increased rating as there was no evidence of systemic therapy or more than 40% body area affected.

The Board has remanded the cases for further development and clarification of the Veteran's diagnoses, as well as for a VA examination to determine the likely cause of any left or right upper extremity disabilities.

The Board has restored the 30 percent evaluation for lipomas, effective July 11, 2020, as the reduction was improper due to lack of evidence showing actual improvement in the Veteran's ability to function under ordinary conditions.

The Board has granted service connection for obsessive compulsive disorder, finding that the Veteran's symptoms first manifested during his active service and are not related to a preexisting condition.

The Board denied the claim for an earlier effective date for service connection for cause of death, finding that the award was not based on new and relevant service records submitted in November 2019.

The Board has determined that the termination of VA compensation benefits due to the Veteran's fugitive felon status was proper. The overpayment of $3,846.90 is denied as recovery would not be against equity and good conscience.

The Board denied compensation under 38 U.S.C. § 1151 for left great toe bursectomy and sesamoidectomy, finding that the most probative evidence is against a finding of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by VA.

The Veteran's claim for service connection for chronic myelogenous leukemia (CML) is being remanded due to the submission of new and relevant evidence. The Board finds that the Veteran may have demonstrated exposure to burn pits during his service in Afghanistan, which could be related to his CML disability.

The Board has decided to remand the case due to a pre-decisional duty to assist error, and the matter of whether the overpayment was properly created is under review.

The Board dismissed the appeal for an earlier effective date prior to April 30, 1980 for the award of a TDIU as it was improperly docketed under the AMA framework.

The Veteran's appeal for service connection for chronic myelogenous leukemia has been dismissed due to their passing before a decision was made.

The Board has decided to remand the case due to incomplete VA examinations and a duty to assist error, requiring further evaluation of the Veteran's left leg sores from vasculitis.

The Veteran's left hand injury is determined to be a result of his military service, and the Board has granted service connection for this condition.

The Board denied an effective date prior to June 4, 2010, for the award of service connection for tremors and also denied a higher rating for tremors.

The Veteran's death precludes initial eligibility for the PCAFC program, and thus the appeal is denied as a matter of law.