Other conditions decisions — 2014

The Board has remanded the case for further action due to concerns about the appellant's employment relationship with a law firm and potential conflicts of interest.

The Board has determined that the Veteran's urinary frequency disorder did not have its onset in service and is not otherwise causally connected to active service. The preponderance of evidence shows no nexus between his current condition and his military service.

The Board has determined that the Veteran's right inguinal hernia does not meet or approximate the criteria for a disability rating higher than the currently assigned 30 percent.

The Veteran's hiatal hernia is manifested by persistently recurrent epigastric distress with pyrosis, reflux, and regurgitation, accompanied by substernal pain, and productive of considerable impairment of health. The criteria for a higher initial rating of 30 percent are met.

The Board has determined that the Veteran's claim for service connection for residuals of a right hip shrapnel wound cannot be granted as there is no medical evidence to support his assertion of retained shrapnel, and the preponderance of the evidence shows degenerative arthritis in both hips due to post-service occupational activities.

The Board denied the appellant's claim for reimbursement of unauthorized medical expenses incurred at Memorial Hospital on December 19, 2010 and December 20, 2010 due to lack of prior authorization from VA and because the treatment was not related to a service-connected disability or a nonservice-connected condition associated with aggravating a service-connected disability.

The Veteran's left hand disability was not incurred in or aggravated by active service and is not proximately due to or the result of a service-connected disability.

The Board found that the evidence did not support a direct link between the Veteran's Lambert-Eaton Myasthenic Syndrome and his period of service, including exposure to herbicides. The claim was denied.

The Veteran's appeal of the denial of entitlement to waiver of recovery of overpayment of VA education benefits in the amount of $3,000 was dismissed as he did not file a substantive appeal within the required time frame.

The Board has ordered a new VA examination to determine the nature and likely etiology of the Veteran's claimed left hip disorder, including whether it is related to service-connected conditions or other factors.

The Board has determined that the Veteran's service-connected status post laminectomy for herniated nucleus pulposus L5-S1 warrants a restoration of his previous 60 percent disability rating, effective from January 6, 2007.

The Board has determined that the Veteran's heart attack was not caused or aggravated by his service-connected major depressive disorder, and that his cardiovascular disease (CAD) and status-post myocardial infarction were not demonstrated in service or within one year of discharge. Therefore, the claim for service connection is denied.

The Veteran's right hand middle finger fracture and third finger soft tissue swelling are currently rated as 10 percent disabling, effective from the date of claim.

The Veteran is seeking service connection for painful bladder syndrome, which she asserts is secondary to her service-connected recurrent urinary tract infections. The Board has determined that a remand is necessary due to the inadequacy of the previous VA examination and the need for additional evidence.

The Board found that the effective date of October 6, 2006 for terminating the dependency status for the Veteran's stepdaughter was proper.,The debt in the amount of $4,270.67, created by terminating dependency status for the appellant's stepdaughter effective October 6, 2006, was improperly created due to VA administrative error.

The Veteran's claim for an earlier effective date for additional compensation for his spouse and dependent children was denied as there is no legal ground to provide such a date. The RO received the first communication regarding these dependents on March 20, 2009.

The Veteran's claims for service connection for lupus and a sleep disorder were denied as there was no evidence of current disabilities or in-service incurrence, and the Board found that the Veteran did not provide competent medical evidence to support his assertions.

The Board has determined that the Veteran's diverticulitis was not incurred in or aggravated by service and denied his claim for service connection.

The Board has determined that the Veteran's mood disorder had its onset during active service and is therefore granted service connection.

The Board has remanded the case due to incomplete records and a need for legal documentation of guardianship. The appeal is not ready for further appellate disposition.