Other conditions decisions — 2014

The Veteran seeks service connection for respiratory disability, specifically Valley Fever. The case is being remanded due to the need for further medical development and examination.

The Veteran's bilateral varicose veins and thrombophlebitis of the lower extremities are currently rated as 30 percent disabling, with no higher ratings warranted.,The Veteran's dermatophytosis of the hands and feet was initially noncompensably disabling prior to February 13, 2012, and is now rated at 10 percent since that date.

The Veteran requested a rating increase for his service-connected coccidiomycosis, but later withdrew the appeal in November 2011.

The Board has decided the claim for obesity and is denying it. The remaining claims of service connection for pulmonary nodules and a higher initial rating for left leg exercise-induced compartment syndrome are being remanded for further development.

The Veteran's appeal is remanded for additional development, including obtaining treatment records and verifying the deaths of four individuals he witnessed in service. An examination will be conducted to determine if his current adjustment disorder with depressed mood is related to his active service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examination and any outstanding private treatment records.

The Board has determined that the Veteran's anal fissure disability results in occasional involuntary bowel movements necessitating the wearing of pads throughout the appeal period, which meets the criteria for a 30 percent rating.

The Veteran's claim for a rating in excess of 40 percent for his temporomandibular joint dysfunction was denied by the Board. The highest schedular rating, 40%, is assigned based on inter-incisal range of 0 to 10 millimeters.

The Board found that the Veteran was not a fugitive felon during the period between December 27, 2001 and May 11, 2006, and therefore the termination of VA compensation benefits due to his status as a fugitive felon was improper.

The Veteran seeks service connection for premature ovarian failure. The Board has determined that a new examination is necessary to determine whether the Veteran has a current disability attributable to her in-service premature ovarian failure.

The Veteran did not meet the criteria for VA burial benefits as he was not in receipt of service-connected compensation or nonservice-connected pension benefits at the time of his death, and no pending claims existed.

The Board has determined that there is no evidence of a current right or left elbow disability, or bilateral irritated eyes. The Veteran's service treatment records are negative for any complaints, symptoms, findings or diagnoses related to the elbows or bilateral irritated eyes.

The Board found that the Veteran's TDIU award should be effective as of September 27, 2007 due to his service-connected left eye disability. The effective date prior to this date is not appropriate because there was no evidence showing he was unemployable solely due to his service-connected disabilities.

The Veteran's permanent and total disability rating was determined after the appellant reached her 26th birthday, making her ineligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35 of Title 38.

The Board has decided to remand the case for further development, including obtaining additional service records and providing an addendum opinion or a new VA examination.

The Veteran is seeking service connection for right accessory nerve injury and hand numbness, including as secondary to a service-connected right shoulder disability. The case is being remanded for further development of the record.

The Veteran's claim for an earlier effective date for additional compensation for dependents was denied as the required information was not provided within one year of notification, and the evidence did not establish dependency status.

The Veteran's pension benefits were terminated due to unreported income, leading to an overpayment of $49,798.00. The case is being remanded for the Veteran to submit a Financial Status Report and Improved Pension Eligibility Verification Report.

The Veteran requested a waiver of recovery for an overpayment of MGIB benefits, but withdrew the appeal in writing.

The Board has granted service connection for pancreatitis, finding that the evidence is in equipoise and thus favorable to the Veteran's claim. The appeal was reopened due to new evidence presented since the last final denial.