Other conditions decisions — 2015

The Board dismissed the appeal due to the appellant's death, as it has no jurisdiction to adjudicate the merits of this appeal.

The Veteran's overpayment claim was denied as his actions constituted bad faith in the creation of the overpayment, making waiver of recovery precluded.

The Board has determined that the Veteran's claim for specially adapted housing is remanded due to insufficient evidence regarding his service-connected disabilities and their impact on his ability to use assistive devices. The case will be returned to the Board after further development.

Your claim for a government-furnished memorial headstone or grave marker has been granted in full.

The Veteran is eligible for payment or reimbursement of the cost of medical treatment provided at Flagler Hospital from April 26, 2012 to April 29, 2012 due to emergency care provided during a stroke.

The Board denied the Veteran's claim for an annual clothing allowance as there was no evidence showing that he used a qualifying prosthetic or orthopedic appliance due to his service-connected disability, which would wear or tear his clothing.

The Veteran's appeal for higher ratings for residuals of a tibial sesamoid fracture and bunionectomy of the left foot was denied. The Board found that prior to February 8, 2012, the disability more nearly approximated a severe foot disability warranting a 30 percent rating, but from February 8, 2012, it has been rated as moderately severe, warranting a 20 percent rating. For major depression and PTSD, the appeal was denied as there is no evidence of service connection for these conditions.

The Veteran's claim for additional vocational rehabilitation training under Chapter 31 to pursue a commercial pilot's license is denied due to the regulatory provisions and curriculum requirements set by Ohio State University.

The Veteran's right elbow disability is rated at 10 percent due to arthritis, but the evidence does not support a higher rating as there is no additional limitation of motion or other impairment that would warrant such.

The Board found no current diagnosis of cold injury residuals related to service and denied the Veteran's claim for service connection.

The Board has remanded the case due to an inadequate medical opinion regarding whether the Veteran's service-connected heart disease permanently worsened his abdominal aortic aneurysm. The case will be returned for further development and consideration.

The Veteran's appeal for service connection for a bilateral hip disorder has been withdrawn, resulting in the dismissal of this issue.

The Veteran's shell fragment wounds of both legs, left thigh and left hip do not meet the criteria for a compensable rating as they are not painful or unstable and do not result in limitation of motion or loss of function.

The Board has determined that the appellant's claim for accrued benefits for death pension is granted. The case is now remanded to readjudicate the issue of reimbursement for expenses regarding the Veteran's surviving spouse's last sickness and burial.

The Veteran's current 30 percent disability rating for his right foot shell fragment wound is the highest allowable under the applicable diagnostic code, and no higher rating can be assigned.

The Board found no evidence of current right or left elbow disabilities and denied the Veteran's claims for service connection.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled Board hearing. He has requested another hearing before a Veterans Law Judge at his current address in Katy, Texas.

The Veteran's claim for nonservice-connected pension benefits was denied as his countable income exceeded the maximum non-service-connected pension rate throughout the appeal period.

The Board has remanded the case due to discrepancies in the service records and the need for further verification of the Veteran's guerilla service.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his bilateral hallux valgus disability and consideration of all relevant treatment records. The TDIU claim is also inextricably intertwined with the increased rating claims.