Other conditions decisions — 2014

The Veteran's claim for service connection for a bilateral hip disorder, which is secondary to his service-connected right knee disability and lumbosacral strain with degenerative disc disease, has been remanded due to the inadequacy of the October 2012 VA examination. The case will be returned to the Board after further development.

The Veteran's claims for increased evaluations of his service-connected right and left knee disabilities are being remanded due to the need for additional development, including a VA examination.

The Veteran's claims for service connection and initial compensable ratings were denied. The Board found that the Veteran does not have a current disability of alopecia, her left shoulder bursitis is currently evaluated at 10 percent, her degenerative disc disease of the thoracolumbar spine is currently evaluated at 10 percent, her PTSD is currently evaluated at 30 percent prior to March 11, 2011 and 70 percent thereafter, and her allergic sinusitis does not meet criteria for a compensable evaluation.

The Veteran is seeking compensation under 38 U.S.C. 1151 for a right posterior tibialis nerve lesion and calcified bursitis of the right heel resulting from an August 1985 steroid injection at the VA Medical Center in San Juan. The claim must be remanded to obtain additional medical opinions regarding the nature and etiology of any identified conditions.

The Board denied service connection for a bilateral hip disorder, finding that the Veteran's current condition is not related to his military service. The TDIU issue was also denied.

The Board has remanded the case for further development, including obtaining VA treatment records and affording the Veteran a VA examination. The Veteran's claim will be readjudicated based on the additional evidence.

The Veteran's appeal is remanded to obtain VA administrative and/or medical records from October 9, 2009. The case will be reviewed by the VAMC on the basis of additional evidence.

The Veteran's left olecranon bursitis with status post excision, exostosis was rated at 10 percent prior to May 18, 2009 and increased to 20 percent since then.

The Board has determined that the Veteran's left foot Morton's neuroma is not due to disease or injury incurred in service, and thus denied her claim for service connection.

The Veteran does not have a current disability related to her in-service urinary tract infections (UTIs) or cystitis, and therefore service connection is denied.

The Veteran's endometriosis has been rated at 50% since August 31, 2007. The condition is manifested by lesions extending from the sigmoid colon to the uterosacral ligament on the right side; endometriotic changes in the left posterior cul-de-sac ascending to the pelvic portion of the left ureter; chronic right-sided pelvic and back pain; bowel symptoms including constipation; intermittently excessive menses; and intermittent periods of pink watery discharge. The Veteran's disability picture is fully contemplated by the assigned 50% rating.

The Veteran's appeal is being remanded for further development, including a VA examination to assess his ability to secure and follow a substantially gainful occupation due to his service-connected disabilities. The case will be readjudicated after the additional development.

The Board has granted service connection for left and right elbow disorders with an effective date of January 13, 2004.

The Board has determined that the appellant does not have current disabilities of a right leg or left arm, and thus cannot establish service connection for these conditions.

The Veteran's appeal is being remanded for additional development, including scheduling VA examinations to assess the current severity of his service-connected retained suture lip laceration and dermatophytosis.

The Veteran's appeal is being remanded to obtain a supplemental opinion regarding the June 2010 VA examination and to adjudicate his claim of entitlement to compensation under 38 U.S.C.A. § 1151 for residuals of spontaneous infection, right second toe, status post incision and drainage. The TDIU issue is also being remanded.

The appellant's countable income exceeds the limit for purposes of entitlement to payment of non-service-connected death pension.

The Board denied the Veteran's request for waiver of recovery of an overpayment of VA non-service connected pension benefits in the amount of $35,316.67 due to fault on the part of the Veteran and unjust enrichment.

The Veteran's waiver requests for overpayment of dependency benefits are granted for the period from January 1, 2009 to February 25, 2011. The VA is to refund any amounts collected or garnished during this period.

The Veteran's claim for a benefit level in excess of 70 percent for educational assistance benefits under the Post-9/11 GI Bill is denied as he does not meet the criteria for such an increase based on his active duty service and discharge.