Other conditions decisions — 2012

The Board denied the appellant's request for an earlier effective date of October 1, 2009 for apportionment of Veteran's disability benefits for minor child D. T., finding that her claim was not received by VA until September 23, 2009.

The Veteran's claim for service connection for a neck disorder, including loss of lateral mobility and herniated disks, is being remanded due to the need for additional development, including obtaining his STRs and VA treatment records.

The Board has ordered a remand due to the need for additional VA examinations and records, as well as for obtaining Social Security Administration records. The appellant's competency to manage disbursement of VA funds is in question.

The Board found that the debt for an advance payment of $3000.00 was validly created and denied a waiver of recovery due to lack of equity and good conscience.

The Veteran's appeal is being remanded for further development, including a new VA examination and consideration of the petition to reopen his previously denied claim for service connection for a left eye disorder.

The Veteran is entitled to reimbursement for the cost of taking the PW0-104 Certified Wireless Network Administrator test as it was the only version available at that time and has been approved by VA.

The Veteran's laryngitis with hoarseness has been rated at 10 percent since September 28, 2005. The Board finds that the criteria for an initial rating in excess of 10 percent have not been met.

The Veteran's unauthorized medical expenses incurred from October 12, 2010 to October 14, 2010 are eligible for payment or reimbursement due to the nature of his syncope episode and other qualifying factors.

The Board found that the Veteran's residuals of a left hand injury were not incurred in or aggravated by service and denied his claim for service connection.

The Veteran's right flank pain is determined to be a result of the retained guide wire from his 1998 surgery, which was not due to VA fault.

The Veteran's right shoulder disability, characterized by a rotator cuff tear, has been rated at 20 percent since September 6, 2003. The current rating is appropriate given the symptoms and functional impairment described.

The Board has granted the Veteran's claim of entitlement to service connection for metabolic syndrome with insulin resistance, finding that it is a direct service-connected condition.

The Board found that the Veteran's bilateral defective hearing did not result from military service and was not aggravated by it. The evidence showed a pre-existing hearing loss at enlistment, which did not worsen during service.

The Board denied service connection for a leg disorder and rectal fistula, but granted reopening of the claim for service connection for colon disorder. The Veteran's current leg disorder is already service-connected, and there is no evidence of a current rectal fistula.

The Veteran's appeal is being remanded due to incomplete records and the need for an addendum opinion regarding x-rays of his bilateral feet. The claims will be readjudicated after all requested development has been completed.

The Board finds that the Veteran's death was not caused by his service-connected bilateral hearing loss or any other condition, and thus, he cannot be granted service connection for the cause of his death.

The Board found that the appellant was at fault in creating an overpayment due to his failure to report his divorce, and denied a waiver of recovery of the overpayment.

The Board has determined that the Veteran's left leg varicose veins and severe phlebitis were not incurred or aggravated by military service, as they pre-existed service and did not worsen during service.

The Board has determined that the Veteran does not have a current disability of allergies that was incurred or aggravated by active service. The earliest documented instance of an allergy is in January 1979, which is one year after discharge from service.

The Board found that arthritis of the Veteran's neck did not start during her service or within one year after discharge, and is not otherwise related to her military service. The preponderance of evidence does not support a finding in favor of service connection.