Other conditions decisions — 2013

The Veteran's appeal is being remanded for scheduling a videoconference hearing before the Board of Veterans' Appeals.

The Veteran currently has an hiatal hernia that developed in service and is granted service connection for this condition.

The Veteran's claim for a rating in excess of 50 percent for panic disorder with agoraphobia prior to September 8, 2011 was granted. The claim for a rating in excess of 70 percent for the same condition from September 8, 2011 was also granted.

The Board has determined that the Veteran's residuals of a right eye injury are related to service and granted this claim. The claim for blepharitis is denied as new and material evidence was not received.

The Board denied service connection for the Veteran's brain tumor, finding that there was no relationship between his current condition and active service or herbicide exposure.

The Board found that the Veteran's surgery for a Morton's neuroma affecting his left foot was not related to his service-connected fracture of the second metatarsal, and thus denied his claim for a temporary total rating based on convalescence.

The Board has determined that the Veteran's request for a waiver of overpayment was timely filed. The appeal is granted to that extent, and the issue will be remanded for further adjudication on the merits.

The Board found that the Veteran's loss of teeth was not incurred in service and did not meet the criteria for direct service connection. The claim for dental disability treatment purposes also failed to meet the required criteria.

The Board denied service connection for an acquired psychiatric disorder other than PTSD, including adjustment disorder, mood disorder, and substance abuse disorder. The Veteran's diagnoses are found to be related to his service-connected back problems and drug abuse rather than being directly linked to service.

The Veteran's service-connected peptic ulcer disease is manifested by continuous moderate symptoms of impairment such as vomiting, nausea, and pain only partially relieved by standard therapy; but without impairment of health due to weight loss, anemia, recurrent hematemesis or melena; or incapacitating episodes averaging 10 days or more in duration at least four or more times a year. The criteria for a 20 percent rating have been met.

The Board has remanded the case due to incomplete development and is asking for further adjudication under 38 U.S.C.A. § 1151, as well as readjudication of the service connection for cause of death claim.

The Veteran's lung disability, including left diaphragmatic dysfunction with left lower lobe atelectasis, is not service-connected. The case is being remanded for additional development and an opinion regarding the etiology of his current lung disability.

The Board found that the overpayment was validly created due to an increase in the Veteran's net worth, leading to a termination of his pension benefits. The Veteran's request for waiver of recovery of the overpayment was denied as there is no indication of fraud, misrepresentation, or bad faith on his part, and recovery would not be against equity and good conscience.

The Veteran's claim for an increased evaluation for spondylolisthesis, L5, with degenerative changes is being remanded due to the need for a new VA spine examination.

The Board has determined that the appellant meets the criteria to be recognized as the surviving spouse of the Veteran for purposes of VA death benefits, resolving all doubts in her favor.

The Veteran requested to withdraw his appeal regarding the increased rating for a traumatic neuroma of the right ilio-inguinal nerve, and thus the issue is dismissed.

The Veteran's appeal of his claim for service connection for hairy cell leukemia has been dismissed as the issue was withdrawn by his representative.

The Veteran's bilateral hallux rigidus was rated at 10 percent, effective September 28, 2007. The claim for a higher rating for low back strain with degenerative changes is denied.

The Veteran's claim for a higher rating for residuals of right humerus fracture with cystic changes was granted, but the effective date remains September 27, 2007.,A separate 10 percent rating is assigned for the associated right biceps tendon rupture.

The appeal has been withdrawn by the appellant, resulting in its dismissal.