Other conditions decisions — 2015

The Veteran withdrew his appeal, and the case is dismissed.

The Veteran's left hip DJD caused painful limitation of motion prior to January 26, 2010. Beginning March 1, 2011, his residuals from the total hip replacement did not produce moderately severe residuals of weakness, pain or limitation of motion.

The Veteran's claim for an effective date prior to February 5, 2010 for the grant of service connection for right inguinal hernia disability was denied as there is no indication that he filed a specific claim for this condition prior to his separation from service.

The Veteran's appeal regarding an increased rate of payment for nonservice-connected pension benefits was denied as his countable income exceeded the amount that would permit a higher rate of payment.

The Veteran's claims for increased evaluation of left foot disability and service connection for migraine headaches were denied. The Veteran is still seeking an increased evaluation for her left foot disability.

The Veteran's colon cancer, diagnosed after discharge, is related to his in-service exposure to ionizing radiation. The Board grants service connection for this condition.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the evidence received since the November 2011 rating decision is not new and material, thus denying the Veteran's requests to reopen his claims of entitlement to service connection for gunshot wounds of the right and left legs.

The Board has determined that the Veteran's current left wrist condition, identified as posttraumatic arthritis, is related to service due to aggravation of a pre-existing condition during active duty.

The Veteran's low back disability, characterized by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees and a combined range of motion not greater than 120 degrees, is rated at 20 percent under Diagnostic Code 5243 for intervertebral disc syndrome (IVDS).

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that she was not lawfully married to him at the time of his death and thus cannot be considered his surviving spouse for VA benefits purposes.

The Board denied the Appellant's claims for nonservice-connected improved death pension benefits and DIC benefits. The decision found that her income exceeded the statutory level, and given her assets and life expectancy, it was reasonable to consume part of her estate for maintenance.

The Board has determined that the change of the Veteran's eligibility category from copay exempt to copay required in the VA healthcare system for income years 2011 and 2012 was proper, but denied as there is no legal entitlement under the law.

The Board has remanded the case due to an incomplete financial status report and the need for a new one. The validity of the overpayment debt is still under consideration.

The Court vacated the Board's decision that it lacked jurisdiction over whether the Veteran was entitled to a waiver of recovery of an overpayment of his disability benefits, and remanded the matter to the Board. The motion must be dismissed.

The Veteran's bilateral foot calluses have been evaluated as not warranting a rating in excess of the assigned ratings throughout the appeal period.

The Veteran's appeal was denied as his service-connected PUD did not meet the criteria for a rating in excess of 20 percent. His claim for an acquired psychiatric disorder, including as secondary to service-connected PUD, is also denied.

The Veteran's claim for increased DIC benefits based on the need for regular Aid and Attendance (A&A) was received on February 26, 2013. The Board denied an earlier effective date as there is no legal basis for entitlement to such.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and therefore denied the claim for service connection for the cause of his death.

The Veteran's unemployability due to his gastrointestinal disorder is granted with an effective date of December 1, 1991.