Other conditions decisions — 2015

The Veteran has been granted service connection for idiopathic hypersomnolence, which was first diagnosed during his military service.

The Veteran's fecal incontinence and urinary frequency have been granted ratings of 60 percent and 40 percent, respectively. The appeal for other service connection claims has been withdrawn.

The Veteran does not have a current diagnosis of a bone marrow disorder and the Board finds that service connection is denied.

The Veteran sustained additional left femur and hip disability during VA medical treatment, which was not reasonably foreseeable. The Board finds in favor of the Veteran-appellant and grants entitlement to VA compensation under 38 U.S.C.A. § 1151 for residuals of a left femur fracture with hip impairment.

The Board found that the claimant's active military service from October 30, 1996 to January 21, 1999 was considered dishonorable for VA purposes due to a pattern of persistent and willful misconduct.

The Board has determined that the Veteran's left foot talar fibrous coalition with secondary arthritis and right foot talocalcaneal coalition and talar joint dysfunction with secondary arthritis are service connected as they resulted from a superimposed injury during service.

The Board denied the Veteran's claims for service connection for hepatitis C, gastrointestinal disorder (diverticulitis), and right knee disorder. The claim for TDIU was not adjudicated as it is considered part of the increased rating claim.

The Board has determined that additional development is needed to accurately assess the Veteran's income and employment history, which may affect his eligibility for nonservice-connected disability pension benefits. The case will be remanded for further action.

The Board has remanded the case due to the need for additional development of the Veteran's VA treatment records from 1992 to May 2013, including those from the Redding, CA VA outpatient clinic and other VA medical facilities. The Veteran is entitled to a full grant of his appeal if he is satisfied with a 10% disability rating for hypertension.

The Veteran's request for a waiver of overpayment in the amount of $32,026 was not timely filed and therefore denied.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations of his right inguinal hernia and hydrocele.

The Board denied retroactive payment of Dependents' Educational Assistance (DEA) benefits as the appellant's application was not received within one year of commencing an education program, and she did not meet the eligibility criteria for retroactive benefits under Chapter 35.

The Veteran's spouse was found ineligible for CHAMPVA benefits from July 1, 2010 to July 1, 2013 due to her not being enrolled in Medicare Part B when she should have been.

The Veteran does not have a current dental disability for compensation purposes that is the result of service, and his claim is denied.

The Veteran's request for a refund of contributions made under the Montgomery GI Bill (Chapter 30) is denied.

The Veteran's appeal is being remanded for additional development, including a VA examination and a Board videoconference hearing.

The Veteran's service did not occur during a period of war, thus he does not have basic eligibility for VA pension benefits.

The Board has granted service connection for myelodysplastic syndrome, finding that it is etiologically related to the Veteran's presumed exposure to herbicides during his service in Vietnam.

The Board found that the appellant's pre-existing left leg injury, diagnosed as slipped capital femoral epiphysis (SCFE), existed prior to service and was not aggravated by service.

The Veteran's claim for an earlier effective date for service connection of Chronic Adjustment Disorder with Depressed Mood is denied. The claim for a higher initial rating and TDIU based on the same condition are granted, with the initial rating set at 70% from August 4, 2015.