Other conditions decisions — 2014

The Veteran's right thumb disability is currently rated at 10 percent, and the Board finds no basis to grant a higher rating based on the evidence of record.

The Board found that the Veteran's subdural hematoma was not etiologically related to service and was not proximately caused by or permanently worsened by his service-connected left femur disability.

The Veteran's heart disability, characterized by an ejection fraction of more than 50 percent and no episodes of congestive heart failure, was rated at 30% from May 27, 2005 to July 2, 2009. As of January 2, 2013, the disability warranted a higher rating of 60%. The Veteran's limitation in activity level due to his heart condition is attributed to his service-connected disability.

The Veteran's appeal to challenge the July 1970 rating decision for service connection of a psychosis has been dismissed as it is subsumed in the December 2001 Board decision.

The Board has determined that the appellant's discharge from service was due to willful and persistent misconduct, which constitutes a bar to receiving VA benefits.

The Board has dismissed the appeal as the appellant withdrew it prior to a decision being made.

The Board denied the appellant's request for an earlier effective date for Dependency and Indemnity Compensation (DIC) benefits, finding that July 20, 2005 is the appropriate effective date based on the facts of the case.

The appellant's deceased spouse did not file a claim for benefits within one year following the enactment of the American Recovery and Reinvestment Act, which provided for a one-time payment from the FVEC fund. As a result, the appellant's claim is denied.

The Veteran's request for waiver of overpayment of nonservice-connected disability pension benefits was denied because the fault lies with the Veteran, who failed to report his income and unemployment compensation. Recovery would not be against equity and good conscience.

The Board denied the appellant's claim for an earlier effective date for Chapter 33 education benefits, stating that the service department did not approve a transfer of benefits until March 2011. The Board found that equitable relief could not be granted as it is not within its jurisdiction.

The Veteran withdrew his appeal before the Board could make a decision, effectively dismissing the case.

The Veteran's claim for an increased disability rating for his service-connected residuals of fracture to right tibia and fibula is being remanded due to the need to obtain outstanding VA medical records and conduct a new VA examination.

The Board has remanded the case for further development and clarification of diagnoses, as well as an opinion on whether the Veteran's heart disease is related to service, including presumed Agent Orange exposure.

The Veteran's skin disorder was incurred during his active service, and the Board granted service connection for this condition.

The Board has determined that the Veteran's esophagus disability is secondary to his service-connected disabilities, specifically his PTSD and bilateral knee disabilities. The medications he takes for these conditions can worsen his reflux symptoms but do not cause them.

The Veteran's service-connected degenerative intervertebral disk disease at the L1-2 and L4-5 level is not shown to have been productive of limitation of motion or functional loss due to pain that would warrant a higher rating. The current 20% evaluation remains appropriate.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the Veteran's current eye disorders and their relationship to his military service.

The Veteran has withdrawn his appeals on all issues before the Board, including service connection for conjunctivitis and retinitis, a higher rating for major depression with PTSD, a higher rating for lumbar arthritis and disc disease, and a compensable rating for cortical cataracts.

The Veteran's appeal is being remanded due to the need for additional VA treatment records from June 2011 to the present. The claim will be reconsidered after these records are obtained.

The Board has remanded the case for additional development due to incomplete service records and verification of active duty service in the Marine Corps Reserve. The Veteran's claim for nonservice-connected pension benefits remains pending.