Other conditions decisions — 2015

The Veteran's dysthymic disorder with adjustment disorder has been rated as 30 percent disabling prior to February 20, 2013 and as 70 percent disabling from that date. The appeal is denied.

The Board has determined that the Veteran's deviated septum was incurred in service and granted service connection.

The Board has granted a 10 percent rating for myositis and costochondritis of the left rib cage, muscle group XXI, and an increased rating to 30 percent for tinea versicolor. The Veteran's service-connected conditions are found to meet the criteria for these ratings based on their severity.

The Board has granted service connection for an acquired psychiatric disorder, to include dysthymic disorder, finding that the Veteran's experiences in service are part of his life experience as a whole and can be argued to have a nexus with his depression.

The Board denied the claim for payment of VA compensation benefits during the month of the Veteran's death as an accrued benefit, finding that there were no accrued benefits based on the Veteran's compensation entitlement for the month of his death.

The Veteran's RLS has been rated by analogy under Code 8521, which addresses incomplete paralysis of the external popliteal nerve. The evidence does not show that his RLS causes more than mild incomplete paralysis in either leg.

The Board found that the Veteran's benign prostate hypertrophy did not begin during service and is not causally or etiologically related to active military service, including in-service herbicide exposure. The claim for service connection was denied.

The Board has denied the appellant's claim to reopen her DIC claim as she does not qualify as a surviving spouse under the governing law and regulation, thus lacking legal merit.

The Veteran's claim for an increased rating for urticaria is being remanded due to the need for a hearing before the Board of Veterans' Appeals.

The Veteran's appeal is being remanded due to the need for additional medical opinions regarding his service connection claim and rating reduction, as well as the inextricably intertwined issue of TDIU. The claims will be readjudicated after these issues are resolved.

The Board has remanded the case due to a need for a new hearing via live videoconference at the RO.

The Board has remanded the case for scheduling a hearing before a member of the Board at the earliest available opportunity.

The Veteran's unauthorized medical expenses incurred at the University of Kentucky Hospital from March 15, 2013 to March 18, 2013 were not authorized in advance and he was stable enough for transfer to a VA facility.

The Board has determined that the appellant can be recognized as the surviving spouse of the Veteran for VA benefits purposes, given her continuous cohabitation with him until his death and the separation being due to the misconduct of the Veteran without fault on the part of the appellant.

The Veteran's claim for reimbursement of medical expenses for calendar year 2011 was not timely filed, and therefore the appeal is denied.

The Board has granted service connection for non-Hodgkin's lymphoma, finding that the Veteran's exposure to herbicides during active service is presumed and his condition is related to this exposure.

The Veteran does not have the requisite service to qualify for basic eligibility for nonservice-connected pension benefits and therefore, the claim is denied.

The Board has reopened the claim for nonservice-connected death pension benefits due to new and material evidence. However, the Veteran's service with the Recognized Guerrillas and Regular Philippine Army does not qualify him as a Veteran for purposes of receiving nonservice-connected death pension benefits.

The Veteran's appeal is being remanded for further development, including new examinations to evaluate the current nature and severity of his service-connected varicose veins and residual scarring of the right lower extremity. The TDIU issue will also be addressed.

The Veteran is appealing the service connection for conjunctivitis of the right eye and the rating assigned for his service-connected right eye pterygium residuals. The case is being remanded to schedule a hearing on these issues.