Other conditions decisions — 2015

The Board has determined that the Veteran was not enrolled in full-time education from August 20, 2012 to December 16, 2012 and therefore denied VRAP benefits for this period.

The Veteran has withdrawn his appeals for service connection for throat cancer and special monthly compensation for the loss of use of the ability to communicate. The claims are therefore dismissed.

The Veteran's application for supplemental service disabled Veterans insurance was received after he turned age 65, which is a requirement under VA regulations. Therefore, the claim is denied.

The Board finds that waiver of the remaining portion of the Veteran's debt (in the amount of $32,070.69) would not result in unjust enrichment to the Veteran and is against equity and good conscience.

The Veteran's left foot disability, characterized as post-traumatic arthritis of the third and fourth proximal interphalangeal joints, is currently rated at 10 percent under diagnostic code 5284 for other foot injuries. The Board finds that a higher rating is not warranted due to the overlap in symptoms between this condition and arthritis.

The claim for service connection of the coccyx fracture has been reopened, but remains denied as there is no evidence to support a link between the condition and military service.,Service connection was granted for hearing loss and tinnitus with effective dates coinciding with the date of receipt of the petition to reopen. However, these claims are based on non-service records.

The Veteran sustained additional disability, including right femoral nerve injury and urinary tract infections, due to VA treatment during his hospitalization in 2005. The Board found that the VA exercised the expected degree of care but concluded that no negligence was involved.

The Board previously denied the Veteran's claim for special monthly compensation. The Court has now remanded the case back to the RO for consideration of the issue, including any potential entitlement under 38 U.S.C.A. § 1141(s)(1).

The Veteran's claims for a compensable rating for residuals of a shell fragment wound to Muscle Group VI and TDIU were denied as the Veteran failed to report for scheduled VA examinations without good cause.

The Board has determined that the Veteran's current hiatal hernia is not service-connected, as there is no evidence showing it was incurred during or as a result of her military service.

The Board denied service connection for an eye disorder, including diabetic retinopathy as secondary to service-connected type II diabetes mellitus.

The Veteran's periodontal disease is not a compensable disability for which service connection can be granted, and thus the claim for compensation purposes is denied. The issue of eligibility for VA outpatient dental treatment remains pending.

The Veteran's lung disability, including capsule lungs, is granted as service connected due to in-service asbestos exposure.

The Board has determined that the Veteran's total abdominal hysterectomy and right salpingo-oophorectomy were not incurred in or aggravated by active military service, and is not proximately due to or aggravated by a service-connected disability.

The Veteran's claims for service connection are being remanded due to the need for additional development, including examinations.

The Board is remanding the claim for further development due to outstanding medical records and a need for a VA compensation examination.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Veteran withdrew his appeal regarding the creation of an overpayment in the amount of $1,888.00.

The Veteran is granted an effective date of December 4, 2008 for a 70 percent rating for bi-polar disorder. The claim was received within one year of the treatment on December 4, 2008.

The Veteran died from nonservice-connected causes and the appellant's claims for burial benefits were not submitted within two years of his death. The maximum legal allowance for transportation expenses has already been awarded, so the claim is denied.