Other conditions decisions — 2014

The Board has remanded the case due to an inadequate VA medical examination, and a new opinion is needed regarding the etiology of the Veteran's current varicose veins.

The Veteran's esophageal reflux disease, Barrett's esophagus, and hiatal hernia were manifested by daily pyrosis (heartburn), occasional epigastric distress, reflux, mild dysphagia, occasional choking of vomitus or regurgitated material during sleep, and radiating shoulder pain. These symptoms did not meet the criteria for a higher disability rating under Diagnostic Code 7346.

The Board has remanded the case to obtain a VA examination and determine whether the Veteran's hydrocephalus is related to service, including as secondary to GERD. The claim will be reconsidered based on the new evidence.

The Veteran's service-connected right and left chondromalacia patella were rated at 10 percent each, with arthritis now present. The Board denied ratings in excess of 10 percent for these conditions.

The Board has ordered additional development to obtain records from private facilities, including Banner Churchill Hospital. The Veteran's claims for service connection are remanded and will be reviewed after the completion of this development.

The Veteran's appeal is being remanded to schedule a videoconference Board hearing at the RO in St. Paul, Minnesota.

The Board denied the appellant's claim for status as a surviving spouse due to her separation from the Veteran being due to his misconduct without fault on her part.

The Veteran's appeal is being remanded to obtain additional medical records and VA examinations for his sleep disorder and lung disorder claims.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection of a cardiac disability, gastrointestinal disability, and mental health disability. The original decisions denying these claims are now considered final.

The Board found that the reduction of the appellant's nonservice-connected death pension benefits, effective January 1, 2009, was proper. However, the reduction on December 1, 2009, and the calculation of her monthly payment were not properly done by the RO. The Board adjusted her monthly payment to $39.00 per month from December 1, 2009.

The Veteran's claim for service connection for residuals of broken right little finger is being remanded due to the need for additional medical opinions and examination.

The Board has determined that the Veteran's current neck disability is at least as likely as not incurred in service, and thus grants service connection for residuals of a neck injury.

The Veteran and his spouse are separated, with the appellant requesting apportionment of the Veteran's VA compensation benefits. The case is being remanded for further development including obtaining updated financial information from both parties and resolving any marital status issues.

The Veteran's claim for compensation under 38 U.S.C. § 1151 due to a right inguinal hernia surgery is being remanded as the VA has not obtained all relevant medical records, including those from private hospitals and surgeries performed between 1991 and 1996.

The Board has determined that the Veteran does not have a current diagnosis of a right rib cage disorder and therefore, service connection for this condition is denied.

The Veteran's claim for earlier effective date for service connection was denied, and his claims for increased ratings were granted with a 10% disability rating for left foot gunshot wound residuals.

The Board denied the Appellant's petition to reopen her claim for recognition as a surviving spouse of the Veteran, finding that she had not submitted new and material evidence to substantiate her claim.

The Board finds that the preponderance of the evidence is against the claim and entitlement to service connection for a dental or oral condition, including TMJ and bruxism, is not warranted.

The Veteran's claim for benefits under the Post-9/11 GI Bill was denied because her entire active duty service period from April 2003 to April 2006 was subject to the education loan repayment program, and she is not eligible for these benefits.

The Board denied the appellant's claim for reimbursement of last sickness expenses of the Veteran's surviving spouse from accrued benefits as there was no evidence showing that the expenses were related to the Veteran's last illness.