Other conditions decisions — 2015

The Board has remanded the case for additional development, including obtaining service records and determining whether the appellant had federalized or active duty service during his period of ACDUTRA. The VA will then determine if a right eye disorder is related to this verified period of service.

The Board found that the Veteran's Raynaud's syndrome does not result in two or more digital ulcers at any point during the appeal period, and thus, his symptoms do not meet the criteria for a rating in excess of 40 percent under Diagnostic Code 7117.

The Board denied the appellant's claim for accrued benefits as a child of the decedent due to her not meeting the age requirements and because she did not bear the burden of paying for the decedent's funeral expenses.

The Board finds that the evidence is in relative equipoise as to whether the Veteran's residuals, status post surgery herniated discs with chronic pain, began in service. As such, service connection for these disabilities is granted.

The Veteran is entitled to a certificate of eligibility for specially adapted housing due to permanent and total service-connected disability resulting from the loss of use of both lower extremities.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the current nature and severity of his dysthymic disorder and an evaluation of whether he is unemployable due to service-connected disabilities. The issue of TDIU has also been raised and must be addressed.

The appellant's claim for recognition as the surviving child of her father, who served with the Philippine Commonwealth Army, was denied because she did not meet the eligibility criteria. The appeal for accrued benefits was also denied due to a one-year delay in filing after the Veteran's death.

The Veteran's left shoulder disability was rated at 20 percent prior to August 21, 2008 and granted a 70 percent rating from that date forward.

The Veteran's claim for service connection for colon cancer with metastasis to the liver due to ionizing radiation exposure is being remanded for further development, including preparation of a dose estimate based on available evidence and methodologies.

The Board finds that the Veteran does not have a disability involving psoriatic arthritis in either knee since undergoing total knee replacements, and therefore service connection for psoriatic arthritis is denied.

The Board has granted the Veteran's request for waiver of overpayment of VA educational benefits under the Post-9/11 GI Bill, finding that recovery would be against equity and good conscience due to VA's fault in creating the overpayment.

The Veteran's service is not verified to be sufficient for a higher rate of payment in excess of 40 percent under the Post 9/11 GI Bill, and his claim is denied.

The Veteran's overpayment of VA compensation benefits was denied due to the lack of fault on her part in creating the debt, but the Board found that recovery would not be against equity and good conscience.

The Board found that myasthenia gravis was not incurred in or aggravated by service and may not be presumed to have been so incurred. The Veteran's current diagnosis of myasthenia gravis is also not causally related to or aggravated by his service-connected Hodgkin's lymphoma.

The Board found that the Veteran's current leg disabilities are not etiologically related to his military service and denied the claim for service connection.

The Board found that the December 1977 rating decision granting nonservice-connected pension for ulcerative colitis was not clearly erroneous and denied the Veteran's claim of CUE.

The Veteran's service-connected left remote pubic fracture with residual pain has been rated as 10 percent disabling since November 15, 2012. The disability is currently evaluated based on limitation of flexion and abduction. Prior to January 5, 2015, the Veteran was granted a separate evaluation for limitation of extension at 10 percent. After January 5, 2015, the combined evaluations have remained at 30 percent.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the current severity of his thoracic spine disability and a new VA examination by a cardiologist to address the current severity of his service-connected coronary artery disease (CAD).

The Board found that the Veteran's service-connected uterine fibroids did not require continuous treatment and thus, a compensable rating is not warranted under Diagnostic Code 7613. The lumbosacral strain and fracture of the right fifth metatarsal were evaluated based on their current manifestations.

The Veteran's claim for a clothing allowance was denied, and the Board has ordered remand due to the failure to provide an SOC.