Other conditions decisions — 2014

The Veteran's spouse is seeking an increased rate of the Veteran's pension based on unreimbursed medical expenses for purposes of accrued benefits. The case has been remanded to consider this claim.

The Board has ordered a remand due to the lack of availability of certain VA medical records that are believed to be pertinent to the determination of whether the appellant and the Veteran were married for VA death benefit purposes. The appeal is currently in a state where it cannot proceed without these records.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran currently has a hydrocele (right testicle condition) and whether it is related to his military service.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Veteran's esophageal cancer was not manifested during his service or in the first postservice year, and is not shown to be related to his service, including as due to exposure to Agent Orange.

The Board denied the veteran's claim for a government-furnished headstone or grave marker as E.S. did not have any qualifying active military service.

The Board has requested additional development due to the need for a new VA examination and remanded the case for further consideration.

The Board denied the Veteran's request to reopen his claim for service connection for cold injury, bilateral feet due to lack of new and material evidence. The claims for increased ratings for left biceps tendon, postoperative, with degenerative changes and axillary neuropathy; scar, postoperative, left shoulder; and bilateral hearing loss were also denied.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for bronchiectasis and emphysema. The claims are granted as both conditions are found to be at least as likely as not related to service, specifically pneumonia in service.

The Board found that the March 1994 rating decision denying service connection for a nervous condition did not involve clear and unmistakable error (CUE). The issue of whether there was an increase in a preexisting psychiatric disability during service is one that involves a weighing of the evidence and as to which reasonable minds could differ.

The Board found that the Veteran's post-concussion syndrome did not meet the criteria for a higher rating, as it only met impairment level 1 in one facet of cognitive impairment. The initial disability rating for migraines was also denied.

The Board has remanded the case due to lack of substantial compliance with its previous directives, including verifying the Veteran's claimed exposure to toxic chemicals while serving at Fort Sill in 1975. The claim will be reconsidered and a supplemental statement of the case (SSOC) must be issued.

The Veteran's claims for service connection for heart disorder and hypertension are being remanded due to the need for additional medical opinions regarding the relationship between his current diagnoses of the heart and military service, including as a result of presumed herbicide exposure.

The Board has remanded the case for further development, including obtaining VA treatment records from Alexandria VAMC. The Veteran's claim of service connection for epididymitis will be reconsidered based on the additional evidence.

The appeal is being remanded to determine if the Veteran's statements constituted a timely notice of disagreement regarding the severance of service connection for heavy menses with cramping and clotting, and to issue a supplemental statement of the case on the issue of service connection for uterine fibroids.

The Veteran's skin disorder, including rashes and hypoesthesia left of the upper thoracic vertebrae, was not found to be related to service or any qualifying condition.

The Board found that the overpayment of $5,400 was validly created due to the appellant's failure to report gambling winnings. The Board granted a partial waiver for this amount and denied recovery of the remaining debt.

The Veteran's claim for service connection for a sleep disorder, including narcolepsy, is being remanded due to the need for additional evidence related to her June 2014 sleep study.

The Board has remanded the Veteran's claims due to incomplete development and for a VA examination.

The Board has determined that the Veteran's service-connected otitis media and otorrhea have resolved, are asymptomatic, and he failed to appear for a scheduled VA examination. As such, his claim for a compensable rating is denied.