Other conditions decisions — 2014

The Veteran's claim for a higher rating for her L5-S1 disc herniation with spinal stenosis was granted, and she is now rated at 20 percent. The Board denied service connection for PTSD due to the Veteran's report of in-service stressors being not credible. The claim for personality disorder was reopened based on new evidence received since March 2010 decision, but it did not meet the criteria for reopening as the new evidence was either cumulative or redundant. The Veteran is now rated at 70 percent for bipolar disorder effective from March 24, 2011 and granted a TDIU prior to that date.

The Board found that the Veteran's leukemia was not incurred in or aggravated by active service and denied his claim.

The Veteran's appeal for service connection for tropical sprue has been dismissed due to the death of the appellant.

The Veteran's right shoulder disability did not meet the criteria for a higher rating during the entire appeal period, as it did not present limitation of motion more nearly approximating 25 degrees from the side.

The Veteran's current respiratory disorder is not related to his active service, including his history of asbestos exposure. The Board finds that the Veteran does not meet the criteria for service connection.

The Veteran's service connection claims for benign prostatic hypertrophy of the prostate and dysuria were denied. The claim to reopen his blackouts (now claimed as seizures) was granted, but he is still not found to have a current condition related to exposure at Camp Lejeune.

The Board has ordered the VA Health Eligibility Center (HEC) to review and clarify whether the Veteran's eligibility for free VA healthcare was changed from exempt to required due to his income in 2007, and if so, what specific services require a copayment. The HEC must provide clear reasons and bases for any findings regarding the means test threshold exceeded and which services may require a copayment.

The Veteran's low back disability is currently rated at 60 percent, effective October 15, 2012. The Board found that the current rating does not meet or approximate the criteria for a higher rating.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the Veteran for purposes of VA benefits due to a lack of valid marriage under Philippine law.

The Veteran's appeal is being remanded due to the need for further verification of his participation in drills during fiscal year 2009 and the amount of pay received.

The Board found that the Veteran's chronic pancreatitis was not incurred or aggravated by service, and thus denied his claim for service connection.

The Board has remanded the case due to a lack of clear authority for verifying service from the NPRC, and the Appellant's claim is related to eligibility for a one-time payment from the FVEC Fund.

The Veteran's right Achilles tendonitis has been rated at 20 percent since the initial grant of service connection. The VA examiner found that the disability does not warrant a higher rating as there is no ankylosis or other disabling conditions.

The Board has determined that the overpayment of $2,093.74 in nonservice-connected pension benefits is valid and recovery would not be against equity and good conscience.

The Veteran's thoracolumbar spine disability is not shown to result in limitation of flexion to 60 degrees or less, combined range of motion to 120 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis or abnormal kyphosis. Therefore, the claim for a higher initial evaluation is denied.

The Veteran's initial compensable rating for right hallux valgus from March 25, 2008 to May 1, 2010 is denied. The Veteran's claim for an increased disability rating since May 1, 2010 remains denied.

The Board has remanded the case for additional development, including obtaining missing documents and better copies of medical records. The appeal is now pending further review.

The Veteran's lumbar spine disability was manifested by forward flexion of the thoracolumbar spine greater than 60 degrees and a combined range of motion of the thoracolumbar spine greater than 120 degrees prior to June 5, 2012. Ankylosis of the entire thoracolumbar spine has not been shown.

The Board has determined that the Veteran's medical expenses incurred at a private hospital on August 9, 2010 were not covered by VA because they did not meet the criteria for emergency care or payment under the Millennium Bill Act. The claim is denied.

The Veteran's laceration injury to the right carpal ligament, including the median nerve with asymptomatic scarring, was initially rated at 10 percent effective January 8, 2008. The rating was increased to 30 percent effective May 23, 2012.,A separate evaluation of a painful scar associated with the laceration injury was granted and has been in effect since January 8, 2008.