Other conditions decisions — 2014

The Board found that the appellant's bad conduct discharge is a bar to payment of VA benefits, including health care under 38 U.S.C. Chapter 17.

The Board has ordered a remand due to the need for an SOC addressing whether reduction of death pension benefits based upon countable income for the appellant, effective from February 1, 2010, was proper.

The Veteran's claim for service connection for compensation purposes for a dental condition identified as a permanent bridge repair from broken teeth is denied as there is no medical evidence demonstrating the presence of any qualifying dental disability during active duty or at present.

The Board denied the appellant's request for an extension of her Chapter 35 delimiting date beyond April 25, 2010, finding no basis to grant additional benefits or extend the delimiting date.

The Veteran's appeal of service connection for sterility, secondary to exposure to contaminated water at Camp Lejeune, is being remanded due to the need for further development and examination.

The Veteran's appeal is being remanded due to the need for additional evidence and testimony related to his increased evaluation claim, which may also be relevant to his vocational rehabilitation training claim.

The Veteran's claim for service connection for a dental disability, including for VA treatment purposes, is denied as there is no evidence of in-service trauma or disease resulting in the current condition. He does not meet eligibility criteria for outpatient dental treatment.

The Board has reopened the claim for service connection for beta thalassemia with retinal hemorrhage and granted it. The issue of service connection for sleep apnea is remanded.

The Board has determined that the Veteran's claim for an increased rating for bilateral hearing loss is withdrawn. The April 2002 decision denying service connection for a brain tumor became final, but new and material evidence received since then supports reopening of this claim. Service connection for a brain tumor is granted as the evidence shows it was manifested within one year following separation from service.

The Board found that the overpayment of VA education benefits was validly created in the amount of $2,151.73 and denied a waiver for this overpayment.

The Veteran's service-connected lipoma was found to not meet the criteria for a compensable rating prior to August 5, 2010 and did not warrant a rating in excess of 10 percent from that date.

The Board has determined that the Veteran does not have a current diagnosis of skin growths, cysts, or lipomas. Therefore, service connection for these conditions is denied.

The Veteran's left eye droop/ptosis is not considered a new disability resulting from VA treatment, and the Board finds no fault on the part of VA in causing this condition.

The Board denied a claim for a Basic Housing Allowance (BHA) based on the zip code of Everett Community College (ECC), where the Veteran physically attends classes, rather than the zip code of Western Washington University (WWU), where she is enrolled. The BHA was previously granted at $1,278.00 per month and changed to $1,320.00 based on ECC's zip code.

The Board found that the Veteran's residuals of a right thumb injury are manifested by pain with movement, weakness, fatigability, poor hand grasp, and loss in range of motion. The criteria for a rating in excess of 10 percent were not met.

The Veteran's death was caused by metastatic squamous cell carcinoma of the esophagus, which is not service-connected due to lack of presumptive service connection for esophageal cancer based on herbicide exposure. The cause of death was therefore not attributable to a service-connected disability.

The Veteran's paresthesia of the mandibular division of the fifth cranial nerve is not considered to be caused by VA care, and thus compensation under 38 U.S.C.A. § 1151 for this condition is denied.

The Board has determined that the Veteran does not have a current jaw disorder, including TMJ syndrome, and therefore cannot establish service connection for this condition.

The Board found that the Veteran is competent to manage his VA funds without limitation, resolving all reasonable doubt in favor of the Veteran.

The Veteran's dry eyes disability has been manifested by an active pathology requiring continuous treatment to control symptoms featuring pain/discomfort, and the Board granted a compensable initial rating of 10% for this condition.