Other conditions decisions — 2014

The Veteran's lung disability, characterized by a productive cough and occasional use of antibiotics for infections, did not meet the criteria for an evaluation in excess of 30 percent from June 22, 2001 to December 26, 2011.

The Board denied the Veteran's claims for increased ratings for his service-connected degenerative changes of the left and right hands, finding that the evidence did not support a higher rating based on current symptoms or limitations.

The appellant is not eligible for nonservice-connected VA pension benefits due to lack of qualifying service and no service-connected disability.

The Board has remanded the case for additional development, including obtaining verification of any period of active duty service or ACDUTRA/INACDUTRA and obtaining VA examinations to assess the Veteran's hypertension and right hip disability.

The Board has reopened the Veteran's claim and granted service connection for bilateral lower extremity edema as secondary to his prostate adenocarcinoma.

The Veteran's service-connected schizoaffective disorder has rendered him unable to secure or follow a substantially gainful occupation, and the Board finds that he meets the criteria for TDIU.

The Board has remanded the case for additional development, including obtaining medical records and providing VA addendum opinions.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining new VA examinations and opinions regarding his acquired psychiatric disorder and lesion of the right frontal brain lobe.

The Veteran's basal cell carcinomas and actinic keratosis were not present in service or linked to his military service, including herbicide exposure. The Board found that the evidence did not support a finding of direct causation.

The Board found that the Veteran is entitled to an effective date of October 29, 2009 for adding his dependent spouse and children to his compensation award. The decision was based on evidence received within a year from notification of the need for additional information.

The Veteran claims compensation under 38 U.S.C.A. � 1151 for a heart disability status post aortic valve replacement as a result of treatment at the CAVHS between February 1, 2007 and May 1, 2007. The Board finds that additional VA treatment records are needed to fully adjudicate this claim.

The Veteran's current spouse, B.G., is granted spousal dependency allowance as her marriage to the Veteran was valid and she is his current dependent.

The Board found that the Veteran's alpha-1 antitrypsin deficiency clearly and unmistakably preexisted service, and thus granted service connection for this condition as it was aggravated by active service.

The VA determined that the Veteran's increased disability following a biopsy of the mediastinum performed by VA in February 2009 was not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care.

The Veteran's claim for an earlier effective date for additional compensation for a dependent child based on school attendance is denied as the evidence does not show that a timely claim was filed within one year of D's commencement of course of study.

The Board found that the overpayment was valid and denied the Veteran's request for waiver of recovery due to his fault in creating the debt, as he failed to report his incarceration. The Board also determined that repayment would not cause undue hardship.

The Board denied the appellant's claim of entitlement to recognition as the Veteran's surviving spouse for VA death benefits purposes, finding that new and material evidence had not been submitted. The appeal was dismissed.

The Veteran's service-connected left foot disorder does not meet the percentage requirements for a TDIU under the schedular criteria. The Board finds that referral to the Director of Compensation and Pension Services for extraschedular consideration is not warranted as there is no evidence indicating the Veteran is unemployable due to his service-connected disability.

The Veteran's claim for an initial compensable rating for chronic suppurative otitis media prior to April 16, 2012 was denied. The claim for a higher rating in excess of 10 percent for the service-connected chronic suppurative otitis media beginning on April 16, 2012 is also denied.

The Board has reopened the appellant's claim and granted her recognition as the surviving spouse of the Veteran for purposes of VA benefits. The appellant was legally married to the Veteran in April 2000, and she is entitled to VA death benefits.