Other conditions decisions — 2013

The Board found that the Veteran's bilateral leg edema is a qualifying chronic disability under 38 C.F.R. § 3.317 due to undiagnosed illness, and granted service connection for this condition. The skin rash was not considered a qualifying chronic disability or an undiagnosed illness, thus denying service connection.

The Veteran's initial claim for a higher rating for his service-connected left foot disability was granted, with the effective date being June 14, 2010. The Board found that he had moderate residuals of the stress fracture of his left foot and denied an even higher rating.

The Board has determined that the Veteran does not currently have a sleep disorder, to include sleep apnea. Therefore, service connection for a sleep disorder is denied.

The Board has remanded the case for further development due to insufficient opinions regarding the etiology of the Veteran's gastrointestinal and musculoskeletal disabilities, including whether they are related to her service-connected TBI and/or seizure disorder.

The Board has remanded the case due to insufficient evidence to determine if the claimed disabilities are related to service-connected conditions, and further development is needed.

The Board found insufficient evidence to establish asbestos exposure during service and concluded that the Veteran's respiratory disorders are not related to his active duty service.

The Board denied the Veteran's claim for service connection for esophageal cancer, finding that new and material evidence had been received but ultimately denying the claim on its merits. The esophageal cancer was presumed to be related to exposure to herbicides (Agent Orange) during his military service in Vietnam.

The Board has granted service connection for a gastrointestinal disorder, to include hiatal hernia with reflux and gastritis.

The Board has determined that the Veteran's disabilities manifested by shortness of breath and loss of sense of smell are not related to his military service, including exposure to asbestos or other known environmental factors. However, the Veteran's degenerative joint disease (DJD) of the lumbar spine is found to be related to service.

The VA has determined that there are no current residuals of the Veteran's tonsillectomy, including as examples inflamed cords or mucous membranes, signs and symptoms associated with rhinitis and sinusitis, and scarring due to an unrelated neck surgery. Therefore, a compensable rating for residuals of the tonsillectomy is not warranted.

The Board has determined that the appellant does not have recognized active military service as required to establish eligibility for FVEC Fund benefits, and thus denied the claim.

The Veteran's claim for a compensable evaluation prior to May 20, 2009, and in excess of 10 percent thereafter for the service-connected laceration of the right index finger is being remanded due to incomplete development. The VA will obtain additional medical records and conduct further examination as requested.

The Board finds that the termination of the Veteran's nonservice-connected pension benefits due to excessive countable income was proper, as his net worth is sufficient to meet his maintenance needs.

The Board found that the Veteran was at fault in creating an overpayment of dependency compensation benefits and granted a waiver for 50% of the debt incurred after he notified VA of his divorce. The remaining debt is denied.

The Veteran's entire active service period from January 2007 to February 2009 was subject to the education loan repayment program under 10 U.S.C.A. Chapter 109, and therefore cannot be counted as a period of service for entitlement to Post-9/11 GI Bill benefits.

The Veteran's appeal is being remanded for further development, including the provision of a VA examination to determine if his postoperative residuals of a duodenal ulcer and skin disability are related to service, including presumed exposure to an herbicide agent.

The Veteran's claim for eligibility under the Post-9/11 GI Bill was denied as her character of discharge did not meet the requirements for eligibility.

The Board has reopened the Veteran's claim for service connection of a rectal disorder, including fecal incontinence. However, this claim is being remanded to obtain additional medical evidence and provide an appropriate examination.

The Board has granted service connection for schizophrenia, finding that the Veteran's condition had its onset during active duty. The claims for periodontal disease and loss of teeth due to dental trauma were denied as new and material evidence was not received.

The Veteran's surviving spouse passed away before receiving the month of death benefit, and therefore, the appellant is not entitled to this benefit.