Other conditions decisions — 2015

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected shin splints and whether any impairment results in additional disability in his ankles or knees. The RO will also provide full citation to relevant diagnostic codes in evaluating his disability.

The Veteran's left ankle disability, which included a non-displaced distal malleolus fracture with tibial spurring and tendosynovitis, was rated as 10 percent disabling effective August 27, 2013. The rating is based on moderate limitation of motion.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and development of her records.

The Veteran's right foot drop is currently rated at 40 percent, the maximum schedular rating available under Diagnostic Code 8521 for complete paralysis of the external popliteal (common peroneal) nerve.

The Veteran's claim for service connection for chronic idiopathic lymphedema of the left leg, to include as secondary to his service-connected right lower extremity lymphedema, has been granted. His current rating for idiopathic marked lymphedema of the right leg, foot, and ankle remains at 40 percent.

The Veteran's countable income, including his SSA disability benefits and other pension funds, exceeds the maximum annual pension rate (MAPR) for an 'Aid and Attendance' (A&A) veteran with one dependent. Therefore, he is ineligible for non-service connected disability benefits.

The Board has determined that there is no evidence to support the claim of service connection for the cause of the Veteran's death, as his death was not caused by a disability for which he was service-connected.

The Board has determined that the Veteran does not currently have a respiratory disability and therefore, service connection for this condition is denied.

The appellant's military service does not meet the threshold eligibility requirements for VA improved pension benefits.

The Veteran's service-connected Crohn's disease, with complications of anemia and rectal incontinence, is rated at 100 percent throughout the appeal period, qualifying him for special monthly compensation at the housebound rate.

The case is being remanded for additional development, including obtaining a medical opinion to assess the relationship between the Veteran's esophageal cancer and his service in Vietnam. The appellant's DIC claim will also be decided as part of this process.

The Veteran's claim for an increased rating for postoperative residuals of pilonidal cyst and perirectal abscess with minor incontinence and scar is being remanded due to the need for additional VA treatment records, proper notice, and a VA examination.

The Board denied the veteran's claim for VA home loan benefits as he did not meet the threshold eligibility requirements due to insufficient active service days and lack of discharge due to a service-connected disability.

The Board has granted the waiver of recovery for $10,000 of the overpayment but denied it for the remaining $5,840.83 due to financial hardship and unjust enrichment.

The Veteran's claim for service connection for cancer of the larynx is being remanded due to incomplete medical records and need for a new VA examination.

The Veteran's active duty service after September 10, 2001 qualifies him for a benefits payment rate of 70 percent of maximum for educational assistance under the Post-9/11 GI Bill.

The Veteran's myelodysplasia is related to radiation exposure during his active military service and the claim for service connection is granted.

The Board found that the appellant's income exceeded the maximum annual pension rate (MAPR) for a survivor with no dependents, and therefore terminated her nonservice-connected death pension benefits effective November 1, 2012.

The appellant's request for a hearing has been scheduled, but the hearing was postponed due to his request. The case is now being remanded to the RO in Chicago, Illinois for scheduling another hearing.

The Veteran's esophageal cancer was not present in service, did not manifest to a compensable degree within one year of separation, and was not shown to be related to service. The cause of death listed on the Veteran's death certificate was natural causes.