Other conditions decisions — 2014

The Veteran's dysthymic disorder, which is already rated at 70 percent, meets the criteria for a TDIU and SMC under 38 U.S.C.A. § 1114(s).

The Board has determined that the Veteran's bilateral inguinal hernias, which required surgery in May 2000, are related to an injury during INACDUTRA service and grants service connection for these residuals.

The Board found that the appellant did not provide new and material evidence to reopen her claim for NSC death pension benefits, as the submitted evidence was merely duplicative of previous records.

The Veteran's pension benefits were terminated due to being a 'fugitive felon,' and an application for apportionment on behalf of his minor child was denied as the Veteran himself is not receiving pension benefits.

The Veteran's effective date for a temporary total evaluation due to non-Hodgkin's lymphoma following a lobectomy for carcinoid tumor is set at April 30, 2008.

The Board has remanded the case due to inconsistencies in the appellant's spouse's name and lack of service certification. The appellant needs representation assistance.

The Board has remanded the case due to the need for a medical opinion regarding whether the Veteran's hysterectomy is related to her service, specifically her use of 'first generation' birth control medication during service in the 1960s.

The Board has granted service connection for Môniére's disease, finding that the Veteran's current diagnosis is etiologically related to his in-service exposure to artillery fire. The issue of an increased rating for hearing loss is remanded.

The Board has remanded the case for additional development, including obtaining VA and private treatment records and scheduling a VA examination. The Veteran's claim will be reconsidered after these actions.

The Veteran's annual income exceeded the Maximum Annual Pension Rate (MAPR) for veterans with one dependent throughout the appeal period, and he failed to cooperate with VA's efforts to obtain updated information regarding his annual income and medical expenses. Therefore, the claim for non-service-connected disability pension benefits is denied.

The Veteran's claim for service connection for hypertensive cardiovascular disease was denied in April 2011. The case is being remanded due to the need for a VA examination and an opinion regarding whether there is a relationship between the Veteran's heart disability and his military service.

The Veteran's currently diagnosed ulcerative colitis was not incurred or aggravated during active duty, but rather is a disease that began during inactive duty training (INACDUTRA) in early May 1981. As ulcerative colitis is considered a disease and not an injury, service connection cannot be established for this condition.

The Veteran's appeal is remanded due to the need for additional development, including scheduling a videoconference hearing.

The Board found that there is no evidence linking the Veteran's arthritis to his service, and thus denied his claim for service connection.

The Board denied the appellant's claim for Post-9/11 GI Bill education benefits due to his Bad Conduct discharge from active service, which is a bar to receipt of educational assistance.

The Veteran's anemia, uterine fibroids, menorrhagia, and postoperative residuals of a hysterectomy are found to have originated in service.

The Veteran's unauthorized medical expenses at Crouse Hospital on April 17, 2013 were denied as VA facilities were reasonably available and the treatment was for a nonservice-connected condition.

The Veteran's right fifth finger disability, characterized by painful and limited motion with ankylosis of the proximal interphalangeal (PIP) joint, has been rated as a noncompensable rating for unfavorable or favorable ankylosis. The Board finds that a 10 percent rating is warranted due to pain.

The Veteran's current diagnosis of polymyositis is not related to his active military service, and the Board finds that he did not meet the criteria for service connection.

The Board found that the appellant's ulcerative colitis was not incurred in or aggravated by service, including exposure to asbestos. The examiner concluded that the disability is not related to his ACDUTRA.