Other conditions decisions — 2015

The Board dismissed the issue of entitlement to basic eligibility for educational assistance under Chapter 33, Title 38, United States Code (Post-9/11 G.I. Bill) due to the Veteran's withdrawal of the appeal in a previous December 2011 decision.

The Veteran's blindness of the right eye is being remanded for further review due to incomplete medical records and an inadequate opinion from the VA ophthalmologist.

The Board found that the Veteran's claimed conditions of numbness in his hands and feet, sensitivity to cold, and tremor are not related to his military service. Service connection was denied for all issues.

The Veteran's nephropathy has been rated as 60 percent disabling prior to June 9, 2014 and 80 percent since then. The appeal for higher ratings is denied.

The Board has remanded the case due to failure to substantially comply with previous remand directives and unclear rationale for the VA examiner's opinion regarding chronic constipation. The Veteran's gastrointestinal disabilities, including H. Pylori infection and diverse diverticulosis throughout the colon, need further examination and consideration.

The Veteran withdrew his appeal for service connection for residuals of cold injury to the upper and lower extremities, as well as for a rating in excess of 40 percent for bilateral hearing loss prior to January 29, 2014, and in excess of 50 percent thereafter.

The Veteran's appeal is being remanded for a Travel Board hearing. The issue of entitlement to TDIU by reason of service-connected disability remains unresolved.

The Veteran's claim for service connection for a psychiatric disorder, including phobia and panic disorder, is being remanded due to the need for additional development of her case.

The Veteran's right knee disability, characterized by removal of synovial and meniscal cartilage fragments, pain, crepitus, patellar grind, and limited range of motion, does not warrant a rating in excess of the current 10 percent.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for additional disability due to VA dental oral surgical treatments on September 9, 2003, April 29, 2010, and May 5, 2010. The case is being remanded for further development including obtaining the Veteran's signature consent forms and a VA examination.

The Veteran's claim for nonservice-connected pension with aid and attendance was denied, resulting in accrued benefits being granted to the appellant. However, due to her age at the time of her father's death, she is not considered a qualifying child and thus only entitled to reimbursement for funeral expenses.

The Board found that the Veteran's current back and neck conditions are not related to his military service, including a fall during active duty. The preponderance of evidence does not support a finding that these conditions were incurred or aggravated by service.

The Board has determined that there was clear and unmistakable error in the June 1969 rating decision denying service connection for depressive reaction with history of syncope, which was found to be not aggravated by service. As a result, the Veteran's claim is granted.

The Veteran's appeal is being remanded for additional VA examinations and outstanding records to determine the severity of her left foot disabilities, obtain Social Security Administration (SSA) records, and issue a supplemental statement of the case.

The Veteran's claim for an initial evaluation in excess of 30 percent for panic disorder with social phobia is being remanded due to the need for a more recent VA examination and consideration of additional evidence.

The appellant is not recognized as the Veteran's surviving spouse for VA benefits purposes due to her marriage being less than one year prior to the Veteran's death and occurring after 1971, which disqualifies her from receiving DIC, death pension, or accrued benefits.

The Veteran died of a nonservice-connected cause and did not meet the criteria for burial, plot, or interment benefits due to his death being from non-service-connected causes.

The Board found the appellant's service records to be invalid and only verified a period of active duty for training from February 1957 to August 1957. The claim is denied as the appellant does not have verifiable service qualifying them as a veteran other than through their training.

The Board has granted the Veteran's request for a waiver of recovery of an overpayment in the amount of $5,707.00 due to receipt of SSA disability benefits.

The Veteran is seeking to challenge a 1996 rating decision denying service connection for pneumonia and lung abscesses, as well as an earlier effective date for COPD. The Board has determined that both issues require further development.