Other conditions decisions — 2014

The Board denied the Veteran's claim for an earlier effective date for military retirement pay benefits, stating that the Concurrent Retirement and Disability Payment (CRDP) program had an effective date of January 1, 2004. The decision was based on the law as it applied to the facts at the time.

The Veteran's appeal is being remanded to the AOJ for clarification regarding his ADOS service and its potential impact on his eligibility for Chapter 33 (Post-9/11 GI Bill) education benefits. The AOJ will consider all relevant evidence, including any additional information obtained during this process.

The Veteran claims compensation under 38 U.S.C.A. § 1151 for central retinal vein occlusion of the right eye, alleging that this condition was caused by a stress test performed at VA's Muskogee VAMC in September 2004 due to his hypertension. The Board has decided to remand the case for further development and consideration.

The Board has reopened the Veteran's claim for service connection for gynecological problems, but the case is REMANDED for additional development and a new VA examination to determine if her current gynecological problems are related to military service.

The Veteran's claim for service connection for an acquired psychiatric disorder, including personality disorder and alcohol dependence, is denied as the conditions are not compensable disabilities under VA regulations.

The Veteran is seeking an effective date prior to October 17, 2008 for a 100 percent disability rating for his service-connected non-psychotic organic brain syndrome due to head trauma. He also claims that the August 29, 1969 rating decision containing the initial 10 percent rating for this condition contained clear and unmistakable error.

The Veteran's service-connected residuals of a right heel and Achilles tendon surgery were found to be manifested by pain and weakness with lateral movements or walking on uneven surfaces, approximating no more than a moderately severe foot injury. The disability did not result in pes planus, weak foot, Morton's neuroma, metatarsalgia, hammer toes, hallux valgus, hallux rigidus, pes cavus, malunion/nonunion of tarsal/metatarsal bones, ankylosis of the ankle, ankylosis of the subastragalar or tarsal joint, malunion of the os calcis or astragalus, astragalectomy or moderate limitation of ankle motion. As such, a higher initial rating in excess of 10 percent was denied.

The Board has determined that the Veteran's current bilateral shin splints are not related to her period of active service and therefore denied her claim for service connection.

The Veteran's unauthorized medical expenses for emergency room treatment on April 18, 2009 were denied because a VA facility was feasibly available and the condition did not meet the criteria for emergency treatment.

The Veteran's claims for service connection for right foot pain and leg numbness, as well as right hip pain, are denied. The Board found no current disabilities of the right foot or hip apart from a service-connected neurological disorder (dysesthesias).

The Veteran's claim for increased evaluations for his service-connected status post fracture of the mandible with temporomandibular joint dysfunction was denied. The Board found that the evidence did not support an evaluation in excess of 10 percent prior to May 10, 2006 or a rating greater than 30 percent from May 10, 2006 to October 7, 2010.

The Veteran's request for an extension of his Chapter 30 educational assistance benefits beyond October 28, 2006 was denied as there is no legal authority to extend the delimiting date based on the facts presented.

The Board finds that the Veteran does not have a current pulmonary disorder and that any such disorder is less likely due to service, including exposure to asbestos. The claim for service connection is denied.

The Board has reopened the claim for service connection for the cause of death and granted accrued benefits. The Veteran's cause of death, meningoencephalitis from listeria, is being evaluated in light of possible links to his military service.

The Veteran's initial claim for a compensable rating for arthritis of the right elbow has been granted, but there is an issue with obtaining the March 2013 VA examination report. The case is being remanded to obtain this document.

The Board has determined that the appellant is not entitled to nonservice-connected death pension benefits from January 1, 2012 to December 31, 2012 due to her income exceeding the maximum annual pension rate.

The Veteran's hypercoagulability disorder, Factor Leiden 5 mutation and protein C and S deficiency is a congenital defect that was not subject to a superimposed disease or injury during military service resulting in additional disability. The Board finds that the condition does not meet the criteria for direct service connection.

The Veteran's death was caused by the cause of death, and his service connection for this condition is being remanded due to a need for additional development regarding exposure to herbicides.

The Board found that the Veteran's genitourinary disability, claimed as urinary stricture and meatal stenosis, is not related to his active service. The VA examiners concluded that any current condition is more likely due to BPH (benign prostatic hypertrophy) rather than a service-related issue.

The Board has remanded the case for further development, including obtaining updated VA treatment records and requesting an opinion from a VA examiner regarding the Veteran's respiratory findings. The Veteran's claim will be reconsidered based on this additional evidence.