Other conditions decisions — 2014

The Board denied the appellant's claim for an effective date prior to January 31, 2011 for the grant of service connection for the cause of the Veteran's death. The appeal is dismissed as there was no unadjudicated claim for service connection prior to her January 2011 claim.

The Board found that the Veteran's current low back disability was not incurred in service and denied his claim for service connection.

The Veteran's service-connected hairy cell leukemia has been in remission since 2005 and does not require any treatment or result in hemoglobin levels less than 10 gm/100 ml. The symptoms of easy fatigability and occasional headaches are consistent with the current 10% rating under Diagnostic Code 7700.

The Board denied service connection for the cause of the Veteran's death due to lack of evidence linking his death to a service-connected condition. The pension benefits were also denied as her income exceeded the maximum annual pension rate.

The Board denied the Veteran's claim of entitlement to nonservice-connected pension benefits because his service did not meet the requirements for wartime service, and thus he does not qualify for these benefits.

The Veteran's unauthorized medical expenses incurred for a generalized painful and itchy rash were denied because the delay in seeking treatment was not considered reasonable given the nature of his condition.

The Board denied the Veteran's claim for an effective date earlier than November 1, 2009, for the award of a total disability rating due to individual unemployability (TDIU).

The Veteran does not have blepharitis of the eyelids and there is no evidence to support a finding that it was incurred in or aggravated by service.

The Veteran's left knee disability, characterized by chondromalacia of the patella and medial meniscal tear with instability, resulted in a 30 percent rating since May 1, 2011. The Board found that his service-connected left knee disability was as likely as not of such nature and severity as to prevent him from securing or following substantially gainful employment.

The Veteran is entitled to waiver of recovery of the overpayment of Chapter 33 VA education benefits in the amount of $22,053.99 due to fault on the part of VA and against equity and good conscience.

The Board found that the Veteran's chronic left ear infections are not related to his service.

The Board has remanded the case for an additional medical opinion to determine if the Veteran's in-service head injury aggravated a congenital defect resulting in hydrocephalus.

The Board denied the Veteran's claims for an initial evaluation in excess of 10 percent for patellofemoral syndrome of both knees, finding that the evidence did not support a higher rating.

The Board has remanded the case for additional development, including obtaining service medical and personnel records, scheduling a VA examination, and determining whether any diagnosed learning disorder is a congenital defect or disease that originated during active service.

The Veteran's right foot hallux valgus, a condition that had its onset during active duty service and continued after discharge, is found to be etiologically related to his military service. Service connection for this disability is granted.

The Board found that the Veteran did not have thrombocytopenia in service and there is no competent credible evidence linking it to his military service, including herbicide exposure. As a result, the claim for service connection was denied.

The Board has ordered additional development due to the need for a VA examination and further consideration of the Veteran's claim regarding service connection for dysphagia with vocal cord dysfunction (VCD).

The Veteran's appeal is remanded for additional examinations and consideration of her service-connected right foot hammertoe correction surgery and bilateral hernia repair.

The Veteran's appeal is for an earlier effective date for the grant of service connection for a left medial meniscal tear, status post arthroscopy. The Board finds that there is no basis to justify granting an effective date earlier than August 28, 2012.

The Veteran's claims for increased ratings for right clavicle fracture and right ankle injury were denied as his conditions did not warrant a higher rating based on the evidence of record.