Other conditions Board decisions

The Board has determined that the Veteran's service-connected peptic ulcer disability did not prevent him from securing and maintaining substantially gainful employment, thus denying his claim for a total disability rating based on individual unemployability.

The Veteran's appeal concerning the propriety of the award of an apportionment of his monthly VA compensation benefits has been dismissed due to a withdrawal by the Veteran.

The Board found that the Veteran was not reasonably discharging his responsibility for supporting his child and granted an apportionment of $700 per month to cover child support and arrearages, effective May 1, 2019. The decision is binding only with respect to this specific matter.

The Veteran withdrew his appeal before the Board could make a decision, so the case is dismissed.

The Board has determined that the overpayment of $2,264.00 was not properly created due to VA's failure to inform the Veteran about the prohibition against concurrent receipt of dependents benefits while the dependent is receiving Chapter 35 DEA benefits. The appeal is granted as the debt is invalid and dismissal is warranted.

The Board has remanded the case due to concerns about the adequacy of a previous VA examination and the need for additional evidence, including an addendum opinion from the August 2013 examiner.

The Veteran's initial increased rating for first metacarpal left hand strain with pain is denied as his symptoms do not meet the criteria for a higher than 10 percent rating.,An initial compensable rating (10%) was granted for fifth metacarpal left hand strain with pain.

The Veteran's right and left 3rd cranial nerve palsy with symptoms of diplopia is considered a complication of his service-connected diabetes mellitus, but the evidence does not support a separate compensable rating for this condition.

The Veteran's right elbow disability has been rated at 10 percent, but the Board found that it does not meet or approximate the criteria for a higher rating. The evidence showed normal range of motion with no additional loss of function after repetitive use testing and no reports of flare-ups due to pain.

The Veteran's foot disability, including hammer toes and bilateral hallux valgus, is being remanded for further evaluation due to the need for an opinion on whether it is related to his service-connected bilateral pes planus.

The Board has remanded the case due to incomplete development, including a need for a VA skin examination or opinion. The claim will be reconsidered after this additional evidence is obtained.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for memory loss has been granted, and the Board also remanded the issue of entitlement to a TDIU.

The Board denied the Veteran's claims for service connection for a left-hand condition and sleep apnea, finding insufficient evidence to support these claims.

The Board denied the Veteran's claim for service connection for bilateral shin splints, finding that there was insufficient evidence to establish a link between his current condition and his active service.

The Board denied the claim of service connection for cause of death, finding that the Veteran's death was due to natural causes and not related to his service-connected conditions.

The Board denied the Veteran's request for an earlier effective date for his spouse, A.R., as a dependent for VA benefits and upheld the overpayment of $3,423.74.

The Board dismissed the appeal because the appellant withdrew his request for service connection of thrombocytopenia (low platelets).

The Board has decided to remand the claim of service connection for chronic myeloid leukemia (CML) due to insufficient medical opinion regarding in-service radiation exposure.

The Veteran's TDIU claim was denied because he did not complete the required VA Form 21-8940, which is necessary to evaluate his employment history and educational background. The Board found insufficient evidence to determine if he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has remanded the case due to a lack of compliance with previous directives regarding access to quality assurance records related to the Veteran's lumbar spine surgery and right leg weakness. The AOJ is required to request these records from the relevant VA facilities.