Other conditions decisions — 2015

The Board has remanded the case for additional development and clarification of the dates of service, issues addressed in the November 2010 determination, and whether the appeal relates to authorization or payment/reimbursement of unauthorized medical expenses.

The Board finds that the Veteran does not have a current respiratory disability and there is no evidence linking any such disability to service, including exposure to asbestos. Therefore, service connection for a respiratory disorder is denied.

The Veteran's bilateral eye disability did not meet the criteria for a compensable rating under either the old or new VA rating criteria. His claim was denied.

The Veteran's cataracts are likely related to his service-connected diabetes mellitus, but the effective date for this connection remains unresolved.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for residuals of cold injuries to the hands and feet. However, after reviewing all available evidence, including VA and private treatment records, the Veteran's testimony at a hearing, and a September 2013 VA examination report, there is no current disability related to reported cold injuries during service. Therefore, the claim remains denied as the Veteran does not have residuals of cold injuries to either hand or foot.

The Veteran's claim for service connection for occlusion of the left superficial femoral artery status-post bypass surgery is being remanded due to the need for a VA examination and further development.

The Veteran's fracture residuals of the right fifth metacarpal are characterized by pain and limitation of motion, but do not meet the criteria for a compensable disability rating under applicable VA regulations.

The Board has determined that the Veteran does not have current residuals of a head injury or a disability manifested by memory loss, and thus service connection for these conditions is denied.

The appeal is being remanded due to the failure to follow contested claims procedures, including sending relevant documents and statements to attorney Darla Lilley.

The Veteran's overpayment of nonservice-connected pension compensation in the amount of $6,644.00 was waived by the Department of Veterans Affairs (VA) Regional Office in Milwaukee, Wisconsin. The Board has determined that recovery of this overpayment is not against equity and good conscience.

The Board has remanded the case for further development, including obtaining additional private treatment records and scheduling a VA examination to assess the nature and etiology of any currently-diagnosed bilateral lower extremity disability.

The Board found that the Veteran's current left elbow disorder is not related to his military service and denied his claim for service connection.

The Board dismissed the appeal due to the death of the appellant, and thus has no jurisdiction to proceed.

The Board has remanded the case due to incomplete records and failure to provide proper notification regarding alternative evidence.

The Veteran's appeal is denied as he does not have an additional left ankle disability resulting from the left distal fibular avulsion fracture sustained during Compensated Work Therapy (CWT) at the Salt Lake City VA Medical Center. The Board finds that his current symptoms are related to Achilles tendonitis, not the healed distal fibula fracture.

The Veteran's initial ratings for his left hip and right knee conditions were denied, with the Board finding that the evidence did not warrant higher ratings under applicable diagnostic codes.

The Board has determined that the Veteran's ulcerative colitis is related to his active service, and thus granted service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination.

The Board has determined that the appellant's father, who is the Veteran, became permanently and totally disabled effective December 1, 2003. The appellant was notified of his entitlement to Chapter 35 DEA benefits in October 2011 but did not elect a beginning date within the required timeframe. However, the appellant provided evidence that he had attempted to receive the notification at his correct address and that the notification was sent from an incorrect address. Therefore, the Board has granted the appellant's claim with December 1, 2003 as the effective date for Chapter 35 DEA benefits.

The Veteran's service-connected panic disorder with agoraphobia renders him unable to secure and follow a substantially gainful occupation, resulting in a TDIU.