Other conditions Board decisions

The Board has restored a 40 percent evaluation for the Veteran's intervertebral disc syndrome (IVDS) from February 1, 2019 due to the lack of full and complete examination supporting the reduction.

The Board dismissed the appeal of the denial of service connection for venous insufficiency, left lower extremity (claimed as left leg edema), due to a withdrawal by the appellant.

The Veteran's heart murmur is rated at a 30 percent disability rating prior to November 16, 2019. The Board found that the Veteran's symptoms have remained consistent since onset and produce a workload between 5 and 7 METs.

The Veteran's eye disorders, including dry eyes, left homonymous hemianopia, nuclear sclerotic cataracts, and bilateral punctal stenosis are remanded for further evaluation due to the need for an updated VA medical opinion regarding their etiology.

The Veteran's claims for increased ratings for his right elbow disabilities have been denied. The Veteran failed to report for scheduled VA examinations without good cause.,The Veteran's service-connected right elbow disability has not met the criteria for an initial disability rating in excess of 30 percent for impairment of supination and pronation, or a rating in excess of 10 percent for limitation of extension of the right forearm.

The Board denied the Veteran's request to extend the delimiting date for Dependents' Educational Assistance (DEA) benefits under Chapter 35, finding that there was no evidence showing a physical or mental disability prevented her from initiating or completing her chosen program of education during the 10-year eligibility period.

The Veteran's claim for an initial rating in excess of 10 percent for service-connected compression fracture L1, claimed as back injury, is being remanded due to the need for a VA examination to assess the extent of his functional impairment during flare-ups.

The Board has remanded the cases of loss of taste and loss of smell for further development due to inadequate opinions in a previous VA examination.

The Veteran's bilateral dry eye syndrome is currently rated at the maximum schedular rating available, and there is no evidence of decrease in visual acuity or other visual impairment attributable to the disability. Therefore, a higher initial rating for this condition is denied.

The Board has remanded the Veteran's claims for increased ratings for her knee disabilities and TDIU due to deficiencies in the VA examination reports, including lack of information regarding flare-ups and pain. The Veteran is also required to provide releases for private treatment records related to her knees.

The Board has determined that the Veteran's current skin disability, including actinic keratosis, may be related to his in-service sun exposure. However, further examination and opinion are needed to establish a connection.

The Board has granted the Veteran's request for a waiver of recovery of overpayment of VA pension benefits in the amount of $5,619.32 due to financial hardship and undue financial hardship resulting from the overpayment.

The Board has reopened the Veteran's claim for service connection for bilateral corns and calluses. The Board found that these conditions permanently increased in severity during military service, with no evidence of aggravation beyond natural progression. Service connection is granted.

The Veteran's appeal for service connection for a sleep disorder, including insomnia, is denied as the evidence does not show that he has a separate and distinct disability from his service-connected PTSD.

The Board has remanded the case due to inadequate medical opinions and further development is required. The Veteran's cause of death, cholangiocarcinoma, will be reviewed for service connection.

The Veteran's TDIU was discontinued due to evidence of substantial gainful employment, but the SSA earnings records are missing. The Board is remanding for further development including obtaining the SSA earning statements or administrative decisions.

The Board has remanded the case due to non-compliance with procedural requirements, specifically regarding notification of the denial and the appellant's substantive appeal. The Veteran is required to be provided a copy of the November 2019 Statement of the Case and a redacted copy of the appellant's December 2019 substantive appeal.

The Board denied an earlier effective date for the grant of service connection for lupus, finding that the additional STRs submitted in November 2017 were not relevant to the May 2004 denial and did not trigger reconsideration under 38 C.F.R. § 3.156(c).

The Board has decided that the Veteran does not have a current disability of trigeminal meningioma or facial injury to include loss of front teeth and nasal damage, thus denying service connection for these conditions. The issues related to facial injury are remanded for further evaluation.

The Veteran's stroke residual of cognitive disorder with an adjustment disorder has been rated at 30 percent since March 4, 2018. The Board granted a higher rating to 50 percent effective from that date.