Other conditions decisions — 2014

The Board found that the Veteran's current right leg disability, post-thrombotic syndrome with deep vein thrombosis of the right calf, was a predictable progression of a pre-existing condition (thrombophlebitis) that existed prior to service and was aggravated by service.

The Board found that termination of the Veteran's pension benefits effective April 1, 2003 was proper due to excessive income.

The Board has determined that the Veteran's low back disability is caused by his service-connected left ankle disability, and thus grants service connection for this condition.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Putnam Community Medical Center from November 10, 2012 to November 14, 2012 was denied as the Veteran had coverage under Medicare Part A which is a bar to VA reimbursement.

The Board found doubt in the Veteran's favor regarding his skin disability, finding it could be related to service. However, due to lack of definitive evidence and conflicting opinions, the decision is mixed.

The Board has remanded the case for a new VA examination to evaluate the Veteran's left foot disorder and determine if it is related to his service-connected left knee disability. The Veteran also requested that VA obtain his VA treatment records from VAMC Salisbury.

The Veteran's application for education benefits under the Post-9/11 GI Bill Program was denied because he did not meet the eligibility criteria, specifically having a minimum of 30 continuous days of active duty service on or after September 10, 2001 and being discharged under other than dishonorable conditions due to a service-connected disability. The Veteran's discharge was under honorable conditions but not honorable as required for education benefits.

The Board has remanded the case for further development due to potential misplacement of service treatment records and other reasons.

The Board finds that alcoholism due to service-connected PTSD substantially contributed to the Veteran's cause of death, acute necrotizing pancreatitis. The decision is in favor of granting service connection for the cause of the Veteran's death.

The Veteran's appeal is being remanded due to his inability to travel for a hearing. The case will be processed in accordance with established appellate procedure.

The Veteran's equilibrium problems, retraction of the left ear drum, and chronic left ear infections were not incurred in or aggravated by active military service and are not proximately due to or the result of a service-connected disability.

The Veteran's claim for service connection for a bilateral foot disorder is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Veteran's service-connected post traumatic degenerative joint disease of the left elbow is currently rated at 20 percent, which is the maximum schedular rating available. The Board has determined that a higher rating is not warranted based on the evidence provided. Additionally, the Veteran was found to be unemployable due to his service-connected disabilities and TDIU was granted.

The Veteran's annual income has exceeded the Maximum Annual Pension Rate (MAPR) throughout the appeal period, and he failed to cooperate with VA efforts to obtain updated information regarding his income. Therefore, he is not eligible for non-service-connected disability pension benefits.

The Veteran's appeal is being remanded due to her failure to appear for a scheduled videoconference hearing. The case will be returned to the Board for further action.

The Veteran's claim for service connection of a stomach disorder is being remanded due to the need to obtain and consider SSA disability determination records, as well as provide an addendum opinion from the VA examiner regarding the relationship between his stomach disorder and PTSD.

The Board has determined that the Veteran's current low back disability is not related to his service and therefore denied his claim for service connection.

The Veteran's chronic or recurrent headaches were not incurred or aggravated in service, may not be presumed to have been incurred in service, and are not proximately due to, the result of, or aggravated by any service-connected disability. The Board denied service connection for arthritis.

The Board has determined that the Veteran's claims for service connection for TMJ, grinding teeth, and speech disability have been denied as there is no evidence of a current disability or any relationship to service.

The Board has remanded the case due to issues related to the creation of an overpayment and waiver of recovery of an overpayment. The Veteran needs to provide updated financial information and a VA benefits audit.