Other conditions decisions — 2011

The Board has determined that the Veteran's bowel dysfunction is related to his service-connected low back disability, and thus grants service connection for this condition.

The Board has reopened the Veteran's claim for service connection for residuals of a right knee injury, to include patellofemoral degenerative joint disease. The case is remanded for further development and consideration.

The Board has determined that the Veteran's currently shown bilateral eye disorder, including bilateral posterior vitreous detachment with vitreous floaters, is related to service and grants service connection for this condition.

The Board has determined that the Veteran filed a timely Notice of Disagreement (NOD) in response to the November 2007 rating decision denying increased ratings for his service-connected right hand tendonitis, history of old fracture, and left leg radiculopathy. As such, this aspect of the appeal is granted.

The Veteran's sister is not eligible for additional accrued benefits as she did not bear any expenses of the Veteran's last sickness or burial beyond what was already reimbursed by VA.

The Board denied the Veteran's claims of entitlement to service connection for squamous cell carcinoma of the right neck, an acquired psychiatric disorder (depressive disorder) to include PTSD, a skin disorder other than chloracne, and chloracne/skin rash. The decision was based on the presumption that the Veteran was exposed to Agent Orange during his service in Vietnam.

The Veteran's request for waiver of recovery of an overpayment of compensation benefits in the amount of $206,307.70 plus interest was granted. The timely filing of his notice of disagreement on the issue of whether a request for waiver of recovery of an overpayment of compensation benefits in the amount of $35,035.34 plus interest was received is also addressed and granted.

The Board has denied the Veteran's claim for service connection for lipomas and his request for a rating in excess of 50% for PTSD.

The Board has remanded the case due to missing service treatment records and will conduct further development before deciding on the issue of service connection for a hiatal hernia.

The Veteran's cause of death was chronic myelogenous leukemia. The Board has ordered a medical opinion to determine if the cause of death, ischemic heart disease, or Agent Orange exposure are related to his military service.

The Veteran's HIV disease results in refractory constitutional symptoms, persistent diarrhea, and steady weight loss. The Board finds that his symptoms more nearly approximate a 60 percent rating.

The Veteran's claim is being remanded for further development due to the need for a new hearing before a Veterans Law Judge.

The Veteran's currently shown psychiatric disorder, major depressive disorder, is found to have its onset during her period of active duty. The Board grants service connection for this condition.

The Board has remanded the case due to inadequate examination and further development is required.

The Board denied entitlement to an extraschedular evaluation for post-operative residuals of a right L5-S1 partial hemilaminectomy and diskectomy, finding that the available schedular evaluations adequately described the Veteran's disability level.

The VA denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, for attendance at the Mount Olive Bible Institute because the school was not approved by VA as part of an approved program of education.

The Board has remanded the case for a VA medical opinion to determine if the Veteran's liver cancer, which may be related to Agent Orange exposure, was either the principal or a contributory cause of his death. The appellant is also provided an opportunity to clarify her power of attorney and select a representative.

The Board has remanded the case for further development due to a lack of informed consent documents and an evaluation based on the appropriate standard of care.

The Board has ordered additional development to determine if the Veteran's in-service operation contributed to his death and whether it had an ameliorating effect. The appellant is also requested to provide any relevant medical records.

The Veteran's claim for a higher rating for his intervertebral disc syndrome is being remanded due to the need for another VA examination and consideration of additional medical evidence.