Other conditions decisions — 2014

The Veteran's appeal is being remanded for additional development, including obtaining records from Blanchard Valley Hospital and providing an opinion on the relationship between his service-connected condition and any new gastrointestinal symptoms.

The Veteran's aortic regurgitation with left ventricular hypertrophy is rated at 30 percent, and the Board finds that this rating adequately reflects his disability picture.

The Veteran's status-post right third finger fracture with limitation of motion is rated at 10 percent since October 26, 2009.

The Board denied the Veteran's claims for service connection for schizoaffective disorder and left hand disability, finding no evidence of a nexus between these conditions and his active service. The claim for nonservice-connected pension benefits was also denied as there was insufficient evidence to establish eligibility.

The Board found that the Veteran's current right lung disability is not causally related to his active duty service and denied his claim for service connection.

For the initial rating period from August 27, 2007 to May 10, 2012, the Veteran's lumbar spine disability was manifested by forward flexion of the thoracolumbar spine at least 30 degrees and incapacitating episodes having a duration of at least 6 weeks during a 12-month period. The Veteran is granted an initial rating of 40 percent for this period.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the severity of his traumatic brain disease. The issue of TDIU will also be addressed.

The Veteran's appeal for an earlier effective date of June 16, 1990 for the award of a TDIU rating is denied as his claim was not timely filed and has become final.

The Board found that the Veteran was not at fault in creating the overpayment and denied his request for a waiver of overpayment, as recovery would not be against equity and good conscience.

The Veteran's unspecified mood disorder has been granted a 50 percent evaluation, effective from the date of the decision. The issue regarding TDIU remains unresolved.

The Veteran requested to withdraw his appeal for restoration of special monthly pension at the aid and attendance rate, which has been granted.

The Board has determined that a remand is necessary to obtain a new VA examination and additional private treatment records, as well as address the Veteran's lay statements regarding the onset of symptoms during service.

The Veteran's appeal has been withdrawn, as confirmed by the appellant and her representative.

The Board has decided that the Veteran's claim should be remanded for clarification of his leukemia diagnosis and to obtain a medical opinion regarding its etiology, including potential herbicide exposure.

The Board is remanding the case for additional development to verify the appellant's service prior to December 9, 2008 and determine if he served honorably.

The Board has granted a TDIU effective from August 16, 2002 due to the Veteran's service-connected disabilities. The effective date is not earlier as it is factually ascertainable that the Veteran became unemployable more than one year prior to this decision.

The Veteran's cause of death, congestive heart failure due to non-ischemic cardiomyopathy, is not etiologically related to service. The Board finds no link between the Veteran's active service and his terminal cardiovascular assessment.

The Veteran's surviving spouse was awarded aid and attendance pension benefits, but died before payment could be made. The appellant is not eligible for accrued benefits as she does not meet the statutory definition of a child under 38 U.S.C.A. § 101(4)(A).

The Veteran's initial compensable ratings for residuals of fractures of the right index and long fingers have been granted.

The Veteran's appeal for nonservice-connected pension benefits has been dismissed due to the death of the Veteran during the pendency of the appeal.