Other conditions decisions — 2014

The Veteran has withdrawn his appeal for the issue of service connection for hiatal hernia, to include as secondary to PTSD. As a result, the Board dismisses this matter.

The Board dismissed the appeal due to the death of the appellant.

The Veteran's service-connected urethral stricture and chronic prostatitis were rated at 40 percent prior to January 19, 2006. Since then, the rating has been increased to 60 percent.

The Veteran's non-Hodgkin's lymphoma is service connected as a result of his Vietnam Era service, specifically his time aboard ship in the waters off-shore of the Republic of Vietnam. The Board finds that this meets the criteria for presumptive service connection due to herbicide exposure.

The Board finds that the Veteran's current eye problems are not related to his period of honorable service, and thus denies the claims for service connection.

The Veteran's iron deficiency microcytic anemia with beta thalassemia has not consistently demonstrated hemoglobin levels of 8gm/100ml or less, which is required for a higher rating. The current evidence does not support the assignment of a 30 percent rating.

The Board is remanding the claim for nonservice-connected pension, including special monthly pension (SMP), due to incomplete information and procedural issues. The Veteran's annual income needs to be recalculated based on recent medical expenses.

The Veteran's claims for increased evaluations of his service-connected mood disorder, sinusitis, foot disability (previously claimed as calluses of both feet), and allergic rhinitis were denied. The Board found that the current ratings adequately reflected the severity of the disabilities.

The Board finds that the Veteran's current low back disability is related to his service, and grants his claim for service connection.

The Veteran's claim for service connection for right hand pinky finger spasms and reduced range of motion is granted. The claim for gastroenteritis and dysentery treated is also granted, with the condition being considered a qualifying chronic disability under Persian Gulf Veterans' provisions.

The Board has remanded the case for further development due to incomplete medical records and an inadequate examination. The Veteran needs a new dental examination to address his claims.

The Veteran's solar lentigo, affecting exposed areas of the body prior to August 30, 2002, is rated at 10 percent under Diagnostic Code 7823. The appeal for a higher initial rating in excess of 10 percent from August 30, 2002, forward, is denied.

The Board has remanded the case for further development, including obtaining a new VA examination to address whether the Veteran's duodenal ulcer is related to service and whether PTSD caused or aggravated it.

The Board has determined that the Veteran's lung disorder is not related to his military service, including exposure to asbestos and Agent Orange. The most persuasive evidence does not link any current lung disorder to his active duty.

The Veteran's schizoaffective disorder resulted in significant occupational and social impairment prior to March 7, 2011, warranting a disability rating of 70 percent.

The Board found that the appellant failed to submit a timely Notice of Disagreement (NOD) within one year from the date of notification of the March and April 2000 decisions, which denied her claims for service connection for cause of the Veteran's death and entitlement to DIC. As such, the appeal was dismissed.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has remanded the case due to the Veteran's claim of worsening since a July 2010 VA examination, and ordered that he be scheduled for a VA examination to determine the current severity of his right thigh and right forearm disabilities.

The Veteran's claim for a higher rate of educational assistance under the Post-9/11 GI Bill was denied because he did not meet the legal requirements, specifically having less than 36 months of qualifying service after September 10, 2001.

The Board denied the Veteran's request for waiver of recovery of an overpayment of $4,671 in his nonservice-connected pension benefits due to fault on the part of the Veteran and no evidence showing VA was at fault. The decision also noted that repayment would not be against the standards of equity and good conscience.