Other conditions decisions — 2014

The Board denied the appellant's request for an earlier effective date of June 1, 2005 for the apportionment of the Veteran's VA disability compensation benefits and also denied the discontinuation of her apportionment of the Veteran's benefits effective November 1, 2006 due to the divorce between herself and the Veteran.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his right hand disabilities and determine if he is unemployable due to these conditions.

The Veteran's death was due to ischemic cardiomyopathy, and he had been receiving disability benefits at the 100% rate for over eight years prior to his death. Therefore, DIC payments were granted based on this information.

The Board has remanded the case for additional development, including an examination to assess the Veteran's pulmonary impairment during flare-ups. The Veteran is seeking a higher initial rating for his service-connected left phrenic nerve interruption with left hemidiaphragm paralysis.

The Board has determined that the Veteran's left hip replacement and right hip flail joint are related to his service, with the onset likely occurring during his active duty.

The Board has determined that additional development is necessary prior to adjudication of the Veteran's claim for service connection for a left leg disorder, including blood clots and varicosities. The case is REMANDED to obtain an adequate medical opinion from an examiner who has not yet reviewed the Veteran's claim.

The Board has denied the Veteran's petition to reopen his claim for service connection for an acquired skin disability, finding that the new evidence submitted is not material and does not relate to unestablished facts necessary to substantiate the claim.

The Board finds that the Veteran's current right eye disorder is not related to his service, as there was no chronic condition shown during or after service. The acute non-granulomatous anterior uveitis in service resolved without residuals.

The Board found the $265.20 overpayment for tuition assistance valid and granted waiver of recovery. The $545.01 kicker overpayment was determined to be invalid.

The Board found that the appellant's spinal injury, brain damage, and deteriorating spinal cord did not result from service or were not aggravated by service. The most probative evidence concluded that these conditions resulted from a motor vehicle accident outside of active duty.

The Veteran's claim for service connection for residuals of cold injury to both feet and right hand was denied as there is no evidence of current disability or a link between the claimed condition and service.

The Board denied the Veteran's claim for service connection for a chronic disability manifested by dizziness and vertigo, finding that Dandy's Syndrome did not have its onset in service or was etiologically related to service.

The Veteran's claim for service connection for a rib disability was denied as there is no evidence of a current disability or a link to in-service injuries.

The Board found that the Veteran's spine disability did not have its onset in service and is not otherwise related to service. As such, the claim for service connection was denied.

The Board has remanded the case due to inadequate medical opinion in the original decision, and the Veteran is scheduled for a VA examination to address his claims.

The Board has remanded the case for additional development due to a lack of a diagnosed throat condition at the time of the VA examination, and an addendum medical opinion is needed.

The Board has determined that the appellant does not meet the income criteria for receipt of nonservice-connected death pension benefits, and therefore her claim is denied.

The Board has remanded the case for additional development, including contacting the service department and/or any other appropriate source to determine if there is evidence of asbestos exposure during service. Additionally, an addendum medical opinion from a VA examiner is needed regarding whether the Veteran's claimed conditions are related to his service-connected PTSD.

The Board found that the Veteran's attributable household gross income for 2008 was above both the national and geographic Means Test thresholds, thus denying his eligibility for copay exempt care in VA healthcare system.

The Board has determined that there is no current disability of the right and left calf muscles, to include any diagnosis of strain. Therefore, service connection for these conditions cannot be established.