Other conditions decisions — 2015

The Board finds that the Veteran's current left hand disorder is not related to his period of service or a service-connected disability, and thus does not meet the criteria for service connection.

The Board denied the Veteran's claims for service connection for recurrent right and left hip disorders, cervical spine disorder, thoracic spine disorder, right knee disorder, and left knee disorder. The issues of increased evaluations for right and left lower extremity radiculopathy were also not addressed in this decision.

The reduction of the Veteran's VA disability benefits to the 10 percent payment rate from March [redacted], 2010 through April [redacted], 2010 was not proper, and restoration of the benefits at the 70 percent rate is granted. The reduction of the Veteran's VA disability benefits to the 10 percent payment rate from April [redacted], 2010 through April [redacted], 2013 was proper.

The Board finds that the Veteran's cause of death, acute leukemia with an underlying myelodysplastic syndrome, was not caused or contributed to by a service-connected condition.

The Veteran's service connection claim for immune deficiency problems, related to exposure to contaminated water at Camp Lejeune, was denied as there is no current evidence of a disability and the examiner found no medical association between his symptoms and contaminants from Camp Lejeune.

The Board denied the Veteran's request to modify the legal basis for the award of service connection for hyper-reflexive bladder with bulbous urethra to presumptive service connection on the basis of exposure to radiation. The evidence did not support a finding that the Veteran was exposed to ionizing radiation or had any related condition.

The Veteran's herpes genitalia and venereal warts were rated at a maximum of 60 percent from October 20, 2003 to January 20, 2005. The claimant is not entitled to an increased rating for his service-connected disabilities prior to July 1, 2014.

The Board denied the appellant's appeal as her claim for reimbursement of medical expenses for calendar year 2011 was not timely filed, based on the law and regulations regarding the filing deadline.

The appellant's last period of service was under dishonorable conditions due to misconduct, specifically drug abuse. As a result, the appellant is not eligible for VRAP benefits.

The Veteran's appeal for a higher evaluation for his service-connected bilateral bunion and metatarsalgia foot disability is denied. The current 10 percent rating assigned for the right great toe bunion, metatarsalgia, and arthritis does not meet the criteria for an increased evaluation.

The Board has determined that the Veteran's Dupuytren's contractures are related to his active duty service and granted service connection for both right hand and left hand disabilities.

The Board has determined that the Veteran's low back and hip conditions are not related to his active duty service or a service-connected condition, and thus denied these claims.

The Veteran's request for a waiver of recovery of an overpayment in the amount of $4,305 was denied because it was not made within the 180-day period allowed by regulation.

The Veteran was granted educational assistance benefits under the VRAP for the period from May 6, 2013 to June 30, 2013 based on full-time enrollment.

The Veteran does not meet the criteria to be considered a Veteran and therefore is not eligible for VA health care.

The Veteran's appeal is remanded due to her failure to appear at a scheduled hearing. She requested rescheduling for a Video Conference hearing, and the Board finds good cause has been demonstrated.

The Board has determined that the overpayment of VRAP benefits in the amount of $5,943.20 was validly created and not due to fraud or bad faith on the part of the Veteran. The creation of this debt did result in some financial hardship for the Veteran, but recovery would not defeat the purpose of the program nor be against equity and good conscience.

The Board determined that the appellant's service constituted a bar to VA benefits due to misconduct, and his discharge was under other than honorable conditions.

The Veteran's initial rating for his right elbow disability was denied as it did not meet the criteria for a higher rating.

The Board has determined that the Veteran's low back disability is not related to his active service and therefore denied his claim for service connection.