Other conditions decisions — 2013

The Veteran's eye disability did not worsen due to VA-prescribed medication, and therefore he is not entitled to compensation under 38 U.S.C.A. § 1151.

The Veteran withdrew his appeal for service connection for loss of teeth, for compensation purposes. The Board dismissed this issue as a result.

The Board has determined that a VA examination is needed to determine if the Veteran's current skin disorder is related to his in-service exposure to solvents, including diesel fuel. The case will be remanded for this purpose.

The Board denied the Veteran's claim for an evaluation in excess of 10 percent for his bilateral defective hearing, finding that the current disability manifestations are consistent with the schedular criteria and there is no evidence of exceptional or unusual disability.

The Veteran's claim for service connection for a gastrointestinal disability is granted. The claims for higher initial ratings for tinnitus, bilateral hearing loss, and PTSD are withdrawn.

The Board finds that the overpayment of educational assistance benefits in the calculated amount of $1,743 was properly created due to the appellant reducing her number of credit hours from six to three without providing mitigating circumstances.

The Veteran's unauthorized medical expenses incurred during his hospitalization at Riverside Methodist Hospital from March 13, 2010 through March 16, 2010 are not eligible for payment or reimbursement because his condition was stable and VA facilities were feasibly available for transfer.

The Board denied service connection for a facial skin disorder and a left heel spur, finding no evidence of current disability or in-service injury/illness that could be linked to these conditions.

The Veteran's claim for a clothing allowance was denied because the evidence did not show that he wore or used a prosthetic device or orthopedic appliance due to a service-connected disability that caused irreparable damage to his outer garments. The case is being remanded for further review by the VAMC.

The Board has remanded the case for further development due to outstanding VA treatment records and other reasons.

The Veteran's claims for increased ratings have been adjudicated and are currently pending.,The Board has determined that the Veteran wishes to withdraw his claim of entitlement to an initial disability rating in excess of 10 percent for a right ankle disability.

The Veteran's service connection for a gynecological disorder, status post hysterectomy, is granted. The issue of entitlement to a disability rating in excess of 30 percent for migraine headaches prior to June 7, 2011 and the claim for TDIU are still pending.

The Board has remanded the case to determine if the Veteran's wife's income should be considered community property and thus countable income for determining eligibility to VA nonservice-connected benefits.

The Veteran's current arthritis and osteoporosis are found to be proximately due to his service-connected celiac disease, thus granting service connection for these conditions.

The Board found that a partial waiver of recovery of an overpayment of disability compensation benefits in the amount of $58,116 is warranted due to the Veteran's financial hardship and undue hardship caused by repayment.

The case is being remanded to ensure the appellant receives written notice of the most recent adjudicatory action (the August 2010 SSOC) and her receipt at her current address.

The Veteran's right and left knee degenerative joint disease have been rated at 10 percent each, but the Board finds that these ratings are not warranted based on the evidence of record.

The Veteran's claim for a compensable evaluation for her abdominal pain has been denied. The Board found that the evidence did not support a finding of endometriosis requiring continuous treatment, which is necessary to warrant a higher rating under Diagnostic Code 7629.

The Board finds that a rating of 50 percent for the Veteran's service-connected post-operative appendectomy intestinal obstruction with gangrenous small bowel is warranted, resolving all reasonable doubt in favor of the Veteran.

The Board has reopened the claim for service connection for an eye disorder, but denied the underlying claim as there is no evidence of a chronic disability resulting from service.