Other conditions decisions — 2015

The Board has referred the case back to the AOJ for additional development due to outstanding VA and SSA records, as well as possible attempts to obtain service treatment records. The Veteran's claim of entitlement to service connection for residuals of dental trauma for dental treatment purposes is on remand.

The Veteran withdrew his appeal regarding the claim of service connection for residuals of a right foot fracture.

The Board denied the appellant's claims for DIC and death pension as a surviving spouse of the Veteran, finding that she did not meet the requirements to be considered a qualifying surviving spouse. The claim for accrued benefits was also denied due to being untimely.

The Board has determined that the appellant's service ended with an other than honorable discharge due to an offense involving moral turpitude committed when he was sane. The appeal is denied.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of his service-connected ventricular arrhythmias.

The Board has determined that the Veteran's death from congestive heart failure is not related to his military service or any service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death.

The Veteran's current bilateral eye disorder is a refractive error of the eyes, which is not considered a disease or injury for VA purposes and provides no basis for service connection.

The Board has remanded the case due to a request for a hearing at the RO, and no rating or effective date is assigned as this is an appeal regarding reopening of a claim.

The Veteran's claim for a waiver of overpayment of VA education benefits was denied because the debt was validly created and recovery would not be against equity and good conscience.

The Veteran's claim for service connection for an unauthorized vasectomy is being remanded due to the need for a medical examination to determine if he has any current disabilities related to his in-service surgery.

The Board found that the reduction of the Veteran's disability rating from 20% to noncompensable for missing teeth was proper, but denied her claim for a higher rating.

The Board has granted the appellant's request for a waiver of an overpayment of death pension benefits, finding that recovery would be against equity and good conscience due to her financial hardship.

The Veteran's unauthorized medical expenses for treatment at Capital Regional Medical Center from June 14, 2013 to June 15, 2013 are denied as his condition was not an emergency and VA facilities were feasibly available.

The Veteran's appeal is remanded for further development, including a VA examination and consideration of the claim for service connection for gastrointestinal/esophageal disability/eosinophilic esophagitis. The compensable rating for tinnitus claim will be adjudicated in light of any determination on the CUE claim.

The Veteran's appeal is remanded for further development, including obtaining VA and private treatment records, scheduling a VA examination with an industrial/occupational specialist to assess her employability due to interstitial cystitis, and readjudicating the TDIU claim.

The Board has determined that the Veteran's residuals of a right rotator cuff repair are not attributable to his active military service and were not caused or aggravated by a service connected disability, specifically bursitis.

The Board has granted an effective date of August 12, 2011 for the award of Dependency and Indemnity Compensation (DIC) benefits. The decision is based on the receipt of a completed VA Form 21-534 from the appellant on that date.

The Board denied the appellant's claim for death pension benefits due to her income exceeding the maximum allowable amount. The appeal for dependency and indemnity compensation (DIC) is also addressed, but an SOC has not been issued.

The Board found that the Appellant's bilateral eye disorder did not have its onset in service and is not otherwise related to service.

The Veteran's appeal is being remanded for additional development, including an examination to address the service connection claim and a determination of the appropriate rating for his residuals of a left fifth toe fracture.