Other conditions decisions — 2015

The Board has determined that the validity and amount of the overpayment need to be reconsidered, and thus remanded for further action.

The Veteran's gastrointestinal disability has been manifested by persistently recurrent epigastric distress, abdominal pain, reflux, regurgitation, sleep disturbance caused by esophageal reflux, anemia, nausea, vomiting, diarrhea and melena; the Board finds that his symptoms more nearly approximate severe postgastrectomy syndromes warranting a 60 percent rating.

The Veteran's service-connected residuals of a brain concussion are found to be the cause of his current ruptured right and left bicep tendons, resulting in falls that caused these injuries.

The Board found that the Veteran's Chronic Phase Myelogenous Leukemia (CML) is not service-connected, as there was no evidence linking it to his military service or exposure to herbicides. The claim was denied.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this case.

The Veteran's claims for service connection for a skin disability, non-Hodgkin's lymphoma (NHL), and diabetes have been granted. The Board found that the Veteran was exposed to herbicides during his active duty in Thailand and that these conditions are associated with such exposure.

The Board has determined that the Veteran does not have a diagnosed heart disability, and therefore cannot establish service connection for his claimed condition. The evidence does not support a finding of ischemic heart disease or any other condition listed under 38 C.F.R. § 3.309(e).

The Board has remanded the case for a travel or videoconference hearing due to the appellant's request, and will return it to the Board after the hearing is conducted.

The Veteran's claim for service connection for chest pain is being remanded due to the need for additional examination and development of his medical records.

The Veteran seeks service connection for a heart disability, including ischemic heart disease and as due to herbicide exposure. The Board finds that additional development is needed before the claim can be decided.

The Veteran withdrew their appeal for the issues of nonservice-connected pension and total disability rating based on individual unemployability.

The Veteran's right hip disorder, status post synovectomy and debridement, has been manifested primarily by subjective complaints of pain, extension to 0 degrees with no objective evidence of pain, and flexion to 120 degrees with objective evidence of pain at 115 degrees. The Veteran's service-connected tendonitis of the right foot has been manifested primarily by subjective complaints of pain and mild tenderness to palpation over the peroneus longus tendon and brevis tendon.,The preponderance of the evidence is against the claims for initial compensable ratings for these conditions.

The Veteran's appeal is remanded due to the need for a video-conference hearing before the Board.

The Board has remanded the case due to a failure to appear for a scheduled videoconference hearing. The Veteran's request for an effective date earlier than December 2, 2012, for payment of additional compensation for dependent spouse M is also pending.

The Board has granted service connection for right upper extremity paresthesia and seborrheic keratoses, finding that the Veteran's conditions are related to his active duty service.

The Board has remanded the case for further development due to missing documentation regarding the Appellant's second and third marriages. The claim will be reconsidered after this information is verified.

The case is being remanded to obtain missing VA treatment records and determine if the Veteran received care in a non-VA facility under a VA contract. The appeal will be returned to the Board for further action.

The Veteran's claim for education assistance benefits under Chapter 30 (Montgomery GI Bill or MGIB) for an on-the-job training program with the Spokane Fire Department prior to September 14, 2011 is denied as he was not eligible for retroactive benefits.

The Board has determined that it lacks jurisdiction to adjudicate the merits of this appeal due to the lapse in Congressional authorization for VRAP payments.

The Veteran's claim for an annual clothing allowance is denied because his back brace does not qualify as a prosthetic or orthopedic appliance that tends to wear out, tear, or cause irreparable damage to the veteran's outer garments.