Other conditions decisions — 2015

The Veteran withdrew his appeal for eligibility for education benefits under the Montgomery GI Bill, leaving only the issue of service connection for an acquired psychiatric disorder to be decided.

The Board has remanded the case for additional development and readjudication.

The Veteran's appeal is being remanded due to the need for a Board videoconference hearing. The claims of SMC and reopening his service connection claim are not decided yet.

The Board found that the Veteran's diverticulitis did not have its onset in service and is not otherwise related to service, thus denying his claim for service connection.

The Board has ordered the VA to obtain any outstanding service treatment records for the Veteran's periods of active and Reserve service. The case will then be remanded for further consideration of whether new and material evidence has been received to reopen a previously denied claim of service connection for deteriorated L4 disk with nerve impingement.

The appeal is currently in a remanded status due to the need for additional development, including obtaining VA treatment records and scheduling a DRO hearing. The Veteran's claim for TDIU remains pending.

The Veteran's appeal is remanded for an adequate psychiatric examination, to obtain treatment records, and to develop the issue of entitlement to a total disability rating due to individual unemployability.

The Veteran's claim for service connection for scleroderma with Raynaud's syndrome is being remanded due to the need for additional medical examination and development of his claims, including obtaining treatment records and clarifying his exposure history.

The Veteran's T-1 transverse process fracture does not result in any compensable disability rating as there is no evidence of limitation of motion or other disabling symptoms that would warrant a higher evaluation.

The Veteran's cold injury residuals of the right and left lower extremities are currently rated at 30 percent each, which is the maximum schedular rating under Diagnostic Code 7122. The Veteran does not have additional symptoms that would warrant a higher rating.,Peripheral neuropathy of the right lower extremity has been separately rated as 10 percent disabling.

The Veteran's right hip disability, following his total hip replacement surgery, is currently rated at 50 percent effective from December 1, 2012. The rating reflects moderately severe residuals of weakness, pain or limitation of motion.

The Board found that the termination of the Veteran's nonservice-connected VA disability pension benefits effective January 1, 2013 was proper due to an increased net worth following the sale of his house in May 2012.

The Board has remanded the case for additional development due to errors in addressing certain medical evidence and failing to adequately address the reasons and bases for its reliance on that evidence.

The Board has remanded the case due to a need for issuance of a statement of the case regarding whether new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for thoracic lordoscoliosis.

The Board denied service connection for thoracic lordoscoliosis in a May 4, 1981 decision. The Veteran's motion alleging clear and unmistakable error (CUE) was denied as there was no evidence of clear and unmistakable error.

The Veteran's residuals of prostate cancer, including obstructive voiding and urinary frequency issues, are rated at a 20 percent disability rating effective from February 1, 2015.

The Board has denied the Veteran's claim for service connection for a respiratory disability other than residuals of histoplasmosis as secondary to his service-connected residuals of histoplasmosis.

The Board has remanded the case for additional action, including obtaining records from the University of North Carolina Hospital at Chapel Hill and reviewing the service connection claim on a new evidence basis.

The Board found that the reduction of improved death pension benefit payments to $258 per month in 2010 and $220 per month in 2011 was proper based on the appellant's reported annual income, which reduced the MAPR.

The Board denied the Appellant's claim for Veteran status for purposes of establishing eligibility for VA disability compensation benefits as his service in the U.S. Merchant Marines did not meet the legal definition of active duty.