Other conditions decisions — 2014

The Board has determined that the Veteran's low back disorder is not service-connected as it is more likely due to a civilian job injury and subsequent surgeries, rather than an in-service incident.

VA reinstated DIC benefits for the appellant from March 1, 2010, after she provided updated information about her marital status and confirmed that she remained unmarried since her husband's death.

The Veteran's claim for an effective date earlier than July 31, 2002 for a 60 percent rating for residuals of a tendon graft of the fifth finger of the right hand was denied as there is no evidence showing that his disability warranted such a rating prior to July 31, 2002.

The Veteran's service-connected left shoulder disabilities have not been rated higher than the currently assigned 20 percent evaluations.

The Veteran's service connection claim for CML is granted as it meets the criteria for presumptive service connection due to exposure to ionizing radiation in service.

The Board has determined that the Veteran does not have a disability manifested by fatigue, and therefore denied her claim for service connection.

The Board has determined that the Veteran does not meet the criteria for a rating in excess of 10 percent prior to January 15, 2013, and in excess of 20 percent from January 15, 2013, for Bell's palsy.

The Veteran's claims for service connection for hypercholesterolemia, residuals of a right eye injury, and an acquired psychiatric disorder (including PTSD and adjustment disorder) have been denied. The Board found that the Veteran does not meet the criteria for service connection as his claimed conditions are either laboratory findings or congenital defects.

The Veteran's appeal is being remanded due to the need for a new VA examination regarding his service-connected left scrotal disability and an assessment of whether his combined disabilities preclude him from obtaining substantially gainful employment.

The Veteran's claim for shin splints of the right leg was denied as there is no current disability or residuals from in-service shin splints.,Service connection for bilateral fibrocystic breast disease has been established, with the condition being found to be related to service.

The Veteran's left thumb sprain is currently evaluated as noncompensable due to a gap of less than 1 inch between the thumb pad and the fingers, which corresponds to the assignment of a 0 percent rating.

The Veteran was due benefits based on service connection for ALS effective from September 23, 2008. The appellant is entitled to accrued benefits based on a grant of service connection for ALS effective September 23, 2008.

The Veteran's claim for service connection for schizoaffective disorder was granted effective September 30, 2009. The Board found that the previous claims were abandoned and thus no earlier effective date is warranted.

The Board has remanded the case due to inadequate VA examination and need for updated treatment records. The Veteran's claim for service connection for a right foot condition will be reconsidered after these additional steps are completed.

The Board has determined that the overpayment of $3,152 was validly created due to untimely notification of change in marital status. The Veteran's appeal for waiver of overpayment is also addressed.

The Veteran's service-connected bilateral shin splints have been rated at 10 percent each, effective May 29, 2009. The Board finds that the evidence does not support a higher rating under any applicable diagnostic codes.

The case is being remanded due to incomplete service dates and unclear guidance on current apprenticeship training regulations.

The appellant is not entitled to death pension benefits as a surviving spouse of the Veteran due to her remarriage within one year before his death and lack of children from this marriage.

The Veteran's claim for special monthly compensation based on the need for aid and attendance/housebound status is denied as he has no service-connected disabilities.

The Board has determined that the Veteran's net worth is not excessive and does not bar him from receiving special monthly compensation based on the need for aid and attendance.