Other conditions decisions — 2015

The Board has determined that the Veteran's current dysthymic disorder is service-connected, as it developed during his active duty service and is not due to a pre-existing condition.

The Board has determined that the overpayment of $433.23 in VA education benefits was valid and granted a waiver of recovery, considering the Veteran's financial hardship.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a left eye visual field defect resulting from May 2010 transurethral resection of prostate at the Charleston VA Medical Center. The case has been remanded to obtain additional medical opinions and address issues related to carelessness, negligence, lack of proper skill or similar incidence of fault on the part of VA during the surgery.

The Board has determined that the Veteran's right leg varicose veins are causally related to his period of service, and thus grants the claim for service connection.

The Veteran's claims for service connection for back and leg disabilities were granted, and the RO assigned appropriate disability ratings and effective dates. The appellant is eligible for attorney fees from past-due benefits resulting from a January 2008 rating decision.

The Board has remanded the case for additional development, including obtaining post-service treatment records and requesting an addendum opinion from a VA physician regarding the Veteran's osteoporosis or osteopenia.

The Board found no evidence linking the Veteran's diagnosed respiratory disorders to his active service, including exposure to asbestos or herbicides. The claims for service connection were denied.

The Board has remanded the case for further development, including obtaining information from the Santa Clara Sheriff's Office regarding the Veteran's arrest and overpayment creation. The AOJ/COWC must also consider whether recovery of the overpayment would be against the principles of equity and good conscience.

The Veteran's appeal was denied for increased ratings in several of his service-connected conditions, including chronic low back strain with degenerative disc disease, left shoulder strain with calcification, recurrent tendonitis of the left hip, and TMJ syndrome. The Veteran also had a compensable rating for hemorrhoids but not for GERD.

The Board denied the Veteran's claim for an effective date prior to March 25, 2006 for a 50% disability rating for service-connected status post left salpingectomy and hysterectomy with right salpingectomy and lysis of adhesions. The appeal was dismissed as the Veteran withdrew her appeal on the issue of non-pulmonary tuberculosis, positive TB tine test.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his left upper extremity lymphedema disability, as the previous examination did not evaluate the skin on the left arm.

The Board has determined that the VA Regional Office (RO) did not properly follow procedures for contested claims and has ordered a remand to ensure compliance with all specialized contested claim procedures.

The Veteran's appeal is remanded due to the lack of access to an important IVM file that contains crucial information for determining the overpayment. The case will be returned to the RO for formal inquiry into the location of this file.

The Board denied the appellant's claim for non-service-connected death pension benefits as the decedent did not meet the service requirements and was not discharged or released from service for a service-connected disability during a period of war.

The Board has determined that the Veteran's pituitary macroadenoma began during his active duty service and granted him service connection for this condition.

The Veteran's service-connected bronchiectasis is currently rated at 10 percent, and the evidence does not support a higher rating based on pulmonary impairment or incapacitating episodes of infection.

The Veteran's claim for nonservice-connected pension benefits was denied as his income exceeded the applicable maximum annual pension rates (MAPRs).

The Veteran's claim of service connection for hypercholesterolemia and hypertriglyceridemia was denied as these are not disabilities for which service connection may be established. The Veteran's claim of increased rating for gout remains in appellate status.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for residuals of vasectomy complications, previously claimed as left testicle pain. The Veteran's current condition is related to his service-connected vasectomy, resulting in chronic left testicle pain.

The Veteran's widow was granted non-service connected death pension based upon need for aid and attendance, effective October 2, 2008. The appellant is awarded additional accrued benefits of $5323.09 due to payments made by her towards the Veteran's widow's last sickness expenses.