Other conditions decisions — 2015

The Board found that the Veteran was not a fugitive felon from October 4, 1993 to present and therefore denied the appeal.

The Board has denied the Veteran's request to reopen his service connection claim for a right foot disorder and his TDIU claim due to lack of new and material evidence, as well as finding that he does not meet the criteria for TDIU.

The Veteran is found to be in need of regular aid and attendance due to his cognitive disabilities, which restricts his ability to perform daily activities. He requires assistance with hygiene needs and managing medication.

The Veteran's right tibia stress fracture has resulted in moderate limitation of motion, but not more than moderate impairment.,The Veteran's distal left tibia stress fracture has included some reported pain without malunion or nonunion of the tibia or fibula and no limitation of motion. A compensable rating is not warranted.,For the right foot metatarsals, the Veteran has had no more than moderate impairment resulting from stress fractures.,For the left foot metatarsals, the Veteran has had no more than moderate impairment resulting from stress fractures.

The Veteran's claim for service connection for urinary incontinence due to uterine prolapse secondary to pregnancy is being remanded as the VA has not provided a VA examination and relevant treatment records have not been obtained.

The Veteran's appeal is being remanded to the AOJ for rescheduling a video-conference hearing before the Board. The issues of entitlement to service connection for a stomach condition and whether new and material evidence has been received sufficient to reopen a claim for lower back disorder are pending.

The Veteran's bilateral metatarsalgia, hallux rigidus and metatarsal callouses were found to have their onset in service. The claims for right shoulder and right knee disorders were reopened based on new evidence received since the last denial. The tinea pedis was rated at 10 percent, which is the maximum rating available under the applicable diagnostic code.

The Veteran's defective vision is due to bilateral cataracts, which are not service-connected. The Board finds the Veteran's claim for service connection for bilateral eye disability must be denied as his current blurry vision is more likely caused by age-related changes in the native lens of the eyes rather than his service-connected TBI.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for the cause of the Veteran's death, resulting in a denial.

The Veteran's death was due to acute lymphocytic leukemia, with severe thrombocytopenia as a contributing cause. The Board found the evidence in equipoise and granted service connection for the cause of the Veteran's death based on presumed exposure to herbicides.

The Veteran's appeal is about the adjustment to his monthly pension payment made on May 28, 2013. The Board has determined that there are insufficient details in the record for a clear understanding of how the pension amounts were calculated and requests additional development.

The Board denied the Veteran's claim for an earlier effective date for the grant of service connection for stage IV colon cancer with metastasis to the mesentery and liver, finding that no communication prior to May 11, 2012 could be reasonably construed as a pending claim.

The Veteran's son is entitled to a beginning date of September 1, 2010 for Dependents Educational Assistance (DEA) benefits.

The Board has determined that a valid debt of $1,541.84 exists for overpayment of Dependents' Educational Assistance (DEA) benefits.

The Veteran was denied entitlement to beneficiary travel payments for his trips to the VAMC Poplar Bluff as he did not apply within 30 days of completing the travel and it is determined that he used a regular mode of transportation.

The Veteran's appeal is being remanded for additional development to determine if he has any additional disability that resulted from VA inpatient medical treatment from November 5, 2009, to March 12, 2010.

The Board found that the overpayment of $2,514.00 was not properly created and is solely the responsibility of the VA's Pension Management Center (PMC). The Veteran's claim for a waiver of this overpayment is therefore granted.

The Veteran's appeals for initial compensable evaluations for warts on the left and right hand, as well as an initial evaluation in excess of 70 percent for PTSD, have been withdrawn by the appellant's representative.

The Veteran's apportionment claim on behalf of his mother was denied in a February 2009 decision by the RO. The case is REMANDED for further action to explain and address the income and expenses provided.

The Veteran's service-connected social phobia was granted a 50% rating effective July 24, 2006. The claim for an earlier effective date is denied as the criteria for TDIU were not met prior to April 2012.