Other conditions decisions — 2015

The Board found no evidence of negligence or fault on the part of VA in administering the spinal epidural, and concluded that the Veteran's current neurological symptoms are not related to the 1990 procedure.

The Veteran is seeking an effective date earlier than January 16, 2008 for additional dependency allowance for his spouse and children. He also disputes the creation of overpayment of VA disability compensation benefits in the amount of $10,673. The case is being remanded to allow further development of these claims.

The Board has remanded the case due to procedural issues related to a simultaneously contested claim involving apportionment of VA benefits for the Veteran's minor children. The appellant and the Veteran have not been properly notified of the proceedings.

The Board denied the appellant's claim as she was not considered the surviving spouse of the Veteran for VA purposes due to her divorce from him in 1990, which precluded her eligibility.

The Veteran's claim for an increased rating for his service-connected gunshot wound to the right hand is being remanded due to the need for further examination and evaluation of his current nerve function.

The Board has determined that the Veteran's residuals of fracture of the right zygoma do not meet the criteria for a compensable disability rating under the applicable VA Rating Schedule.

The Board has remanded the case due to inadequate VCAA notice and need for clarification of a private physician's opinion, as well as verification of the Veteran's service and potential award of the Congressional Medal of Honor.

The Board has reopened the claims of service connection for a spinal disability and right rotator cuff repair residuals, but the evidence does not establish that these conditions are related to service or service-connected disabilities.

The Board finds that the attempted common law marriage between the Veteran and appellant is deemed valid for VA purposes, and the appellant is the Veteran's surviving spouse under VA regulations.

The Board has determined that the Veteran's currently diagnosed atrial fibrillation is etiologically related to his service-connected malaria due to medication used to treat such condition, and thus grants service connection for this condition.

The Veteran's claims for service connection for pulmonary nodules and prostate disorder (BPH) have been denied as there is no evidence of a current disability related to active service.

The Board has granted the Veteran's claim for service connection for a brain tumor, finding that his tumor was likely related to his active military service.

The Veteran's claim for additional educational assistance benefits under the Post-9/11 GI Bill Program was denied as she has already used more than 48 months of VA education benefits.

The Veteran's claim for a benefits payment rate higher than 70 percent of maximum for educational assistance under the Post-9/11 GI Bill is being remanded due to potential additional service dates and active duty status determination.

The Board has denied the Veteran's claim for an apportionment of his compensation benefits to support his minor children, A1 and A2. The decision states that the appellant is already receiving child support payments from the state and VA, which effectively amounts to a portion of the Veteran's benefits being withheld for her use.

The Veteran's mood disorder has been rated at 30 percent prior to June 10, 2013 and increased to 50 percent effective June 10, 2013. The rating is based on the severity of symptoms such as depression, anxiety, fatigue, anger, chronic sleep impairment, mild memory loss, and flattened affect.

The Board denied the Veteran's claim for service connection for a TMJ condition, finding no clear and unmistakable evidence that a chronic TMJ disability existed prior to service. The Veteran was treated for TMJ pain before entering service but there is no clear and unmistakable evidence of a pre-existing condition.

The Board denied the Veteran's claims for service connection for cataracts and NSC disability pension benefits due to a lack of qualifying service. The Veteran served with the New Philippine Scouts but not in the Regular Philippine Scouts, Insular Force of the Navy, Samoan Native Guard, or Samoan Native Band of the Navy, which are required for NSC disability pension.

The Board found that the Veteran's current skin disorder, including chronic hives, is not related to his military service and denied his claim for service connection.

The Veteran withdrew his appeal regarding the payment or reimbursement for unauthorized medical services rendered at The Villages Regional Hospital on March 24, 2013.