Other conditions decisions — 2015

The Veteran's genital herpes has not required continuous treatment or systemic therapy such as corticosteroids or immunosuppressive drugs for a total duration of six weeks or more, thus preventing the assignment of a higher rating under DC 7806. The Board finds that her symptoms do not warrant a staged rating in excess of 10 percent.

The Veteran's appeal for service connection for supraventricular arrhythmia has been withdrawn.

The Board has remanded the case due to procedural issues and a need for additional notice regarding how VA determines the character of discharge, as well as what constitutes new and material evidence.

The Veteran's claim for service connection for an upper spine condition (neck pain) secondary to herniated nucleous pulpus L5-S1 and his bilateral lower extremity sciatica has been denied. The Board found no competent evidence of a current upper neck or spine condition, nor any nexus between the Veteran's service-connected herniated nucleous pulposus L5-S1 and these conditions.

The Board has determined that the Veteran's request for a waiver of overpayment was timely. The case is now referred to the Committee on Waivers and Compromises for further adjudication.

The Board has granted a 50 percent rating for dysthymia with somatic features, effective from February 26, 2010. The Veteran's service-connected condition causes occupational and social impairment due to deficiencies in most areas.

The Veteran's claim for higher ratings for restless legs syndrome was denied as the evidence did not meet the criteria for a compensable rating prior to June 24, 2013, and one higher than 30 percent since.

The Veteran's appeal is being remanded for further examination and clarification of the relationship between his left varicocele with bilateral hydroceles and any urinary dysfunction symptoms.

The Board denied the claim of entitlement to recognition as the surviving spouse of the Veteran, finding that there was no evidence showing a valid common law marriage between the Appellant and the Veteran.

The Veteran is seeking an initial compensable rating for his service-connected Hodgkin's lymphoma. The Board has determined that a VA examination is needed to assess the current severity of all residuals, including any nerve damage sustained during treatment.

The Board has remanded the case for a hearing before a Veterans Law Judge at the RO, and further development is required.

The Veteran's bilateral lower extremity lymphedema and chronic venostasis are found to be caused by his service-connected low back disability. His hypertension is granted a 10% rating, effective January 6, 2012.

The Veteran's non-service-connected pension rate of $159.00 monthly, effective March 1, 2009, was calculated correctly and thus the appeal is denied.

The Veteran's skin disorder of the feet, claimed as jungle rot, was not incurred in or aggravated by active service. The Board found that the preponderance of evidence is against a finding that the Veteran's current skin condition is related to service.

The Board has granted a waiver of overpayment of Department of Veterans Affairs death pension benefits in the amount of $2,800 due to undue financial hardship and against equity and good conscience.

The Board denied the Veteran's request for waiver of recovery of an overpayment of VA education benefits in the amount of $18,788.99 due to lack of fault on the part of the Veteran and no undue hardship resulting from repayment.

The Veteran's death was due to exposure to herbicides in Vietnam, and the Board grants service connection for cause of death based on presumed exposure to Agent Orange.

The Board denied the appellant's request for an extension of benefits under the Dependents' Educational Assistance (DEA) Program due to her decision to start a church and engage in multiple positions following its inception, which were not beyond her control.

The Board has decided to remand the case for additional development, including obtaining service treatment records and VA treatment records, verifying periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA), and obtaining updated VA treatment records. The Veteran's claim will be reconsidered based on the additional evidence.

The Veteran's claim for reimbursement of unauthorized medical services rendered at Clark RMC on November 20-21, 2013 was denied because VA facilities were feasibly available and the Veteran did not attempt to seek prior authorization or contact VA regarding his transportation problems.