Other conditions decisions — 2014

The Board is remanding the case to determine whether the overpayment of $14,783.62 for VA educational benefits was properly created and if so, whether a waiver of recovery can be granted.

The Board has remanded the case for further development to obtain additional opinions regarding whether the Veteran's PTSD caused or aggravated his alcohol and tobacco use, which in turn contributed substantially or materially to his death from a myocardial infarction. The case will be readjudicated after obtaining these opinions.

The Veteran's claims for increased ratings for her left and right knee disabilities were denied. The Board found that the evidence did not support an increase in disability rating beyond the current evaluations.

The Veteran's service-connected varicose veins of the right lower extremity have been manifested by edema and stasis pigmentation, but no persistent ulceration. The Board finds that a rating in excess of 40 percent is not warranted.

The Veteran's irritable colon syndrome is manifested by alternating diarrhea and constipation, abdominal pain, and occasional fecal leakage. The Board denied a rating in excess of 30 percent for the condition.

The Board found that the Veteran's hand tremors were not caused by VA-prescribed Reglan, and thus denied his claim under 38 U.S.C.A. § 1151.

The Veteran's claim for service connection for residuals of a head injury, other than headaches is being remanded due to the need to obtain all his service treatment records and provide an updated opinion from the VA examiner.

The Board has determined that the Veteran's Multiple System Atrophy (MSA) is related to his presumed exposure to herbicides, such as Agent Orange, during service in Vietnam. As a result, the claim for service connection for MSA is granted.

The Veteran is seeking service connection for a neurological disorder, including residuals of a stroke and Bell's Palsy. The case has been remanded due to the need for further development.

The Board has ordered further development to determine if the Veteran's lung pathology slides exist and whether any of them show findings consistent with asbestos exposure or interstitial pneumonitis. The claim will be remanded for a VA medical opinion regarding the cause of death.

The Veteran's appeal is being remanded due to the need for additional development, including a reassessment of his service-connected cardiomyopathy.

The Board found that the evidence on file at the date of death did not contain sufficient evidence to grant service connection for a respiratory disorder, as there was no direct evidence linking the Veteran's lung cancer to his in-service asbestos exposure.

The Board has determined that the appellant's service verification from NPRC does not meet the criteria of 38 C.F.R. § 3.203(c) and must be remanded for further verification by an appropriate United States service department or agency.

The Veteran's surviving spouse is recognized for purposes of VA benefits due to the marriage being deemed valid despite Florida's non-recognition of common law marriages.

The Veteran's appeal is being remanded for a videoconference hearing at the RO closest to her residence.

The Board has granted an effective date of October 9, 2009 for the award of non-service-connected death pension. The appellant's original claim was denied in December 2002 and she filed a new claim on October 9, 2009 which resulted in the grant of benefits.

The Board found that there is no competent and credible evidence linking the Veteran's death to his service, including any chronic conditions or disabilities incurred during his military service.

The Veteran requested to withdraw his appeal regarding entitlement to a finding of permanency for his service-connected disabilities. The Board has dismissed the appeal as a result.

The Board found no evidence of an in-service injury or disease related to the Veteran's current left and right hip disabilities, thus denying service connection for these conditions.

The Veteran's initial disability evaluation for his left eye retinitis was increased from 20 percent to 30 percent, effective April 27, 2011. The Veteran is seeking a higher rating.