Other conditions decisions — 2015

The Veteran's death was caused by a drug overdose due to severe degenerative arthritis with neck and back pain, which was proximately caused by VA's incorrect Methadone prescription. The Board found that the cause of death was not willful misconduct and granted DIC benefits under 38 U.S.C.A. § 1151.

The Veteran's appeal for an initial disability rating in excess of 60 percent for his service-connected restrictive ventilatory defect has been withdrawn.

The Veteran's BPH was not found to be incurred in or aggravated by service, including exposure to herbicides. The Board determined that the condition is more likely due to natural progression of age-related changes.

The Veteran's multiple lipomas, while affecting the soft tissue and thus being considered deep, have not caused limited motion in an area or areas exceeding 6 square inches, resulted in separately compensable limitation of function, been painful on examination, or been unstable. Therefore, his claim for a compensable rating for multiple lipomas has been denied.

The Veteran's claim for education benefits is being remanded due to incomplete information in his file, including a complete copy of the Veteran's education folder and any determinations regarding eligibility or overpayment.

The Veteran's colon perforation is not considered to be a result of VA carelessness, negligence, or error. The Board finds the March 2015 VA opinion most persuasive and concludes that the Veteran did not incur an additional disability due to fault on the part of VA.

The Veteran died in September 2012 and was buried in a private cemetery. The appellant applied for nonservice-connected burial benefits, but the claim is denied as there were no service-connected disabilities at the time of death and the Veteran did not die while receiving VA care.

The Veteran's right hand disability, characterized by ankylosis of the little finger with a gap of no more than four centimeters between the fingertip and the proximal transverse crease of the palm, has been evaluated as favorable ankylosis under Diagnostic Code 5223. This results in a rating of 10 percent.

The Veteran's claim for a higher rating for his right thigh scar is being remanded due to incomplete records and the need for additional VA examinations.

The Veteran's claim for service connection for malaria or residuals of malaria was denied as there is no evidence of active malaria during his military service. The claim for a skin condition due to exposure to Agent Orange, anthrax, sarin gas, and unknown chemical and biological weapons was not addressed in this decision.

The Board found that an apportionment of the Veteran's VA compensation benefits in the amount of $300 for the support of his minor child, J.W., was proper.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, requesting clarification of the Veteran's exposure to asbestos in service, and scheduling a VA examination to determine the nature and etiology of any currently diagnosed lung disability.

The Veteran's claim of entitlement to an initial compensable rating for status post-left ear perforated eardrum repaired with tympanoplasty with residual eustachian tube dysfunction is being remanded due to the need for additional development, including a new VA examination and consideration of an extra-schedular rating.

The Veteran's request for waiver of recovery of a $16,625.33 disability-benefits overpayment was not timely filed.

The Board has denied the Veteran's claims for an initial rating in excess of 10 percent for left hip avascular necrosis status post-surgical repair and service connection for low back disability. The evidence does not reflect a competent diagnosis of a low back disability, and the Veteran's current symptoms do not meet the criteria for a current disability.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected mood disorder, NOS. Outstanding VA hospital and medical records must also be obtained.

The Veteran's appeal is being remanded for a new audit to determine the accuracy of his remaining VA educational assistance benefits under Chapter 33, Post-9/11 GI Bill.

The Veteran's meralgia paresthetica has been manifested by numbness, tingling, pain, and sensory deficit of the anterior mid-thigh, lower thigh and lateral thigh. The Board finds that the manifestations of the Veteran's meralgia cannot be considered severe, since motor and reflex examinations were normal and only a sensory deficit is shown.

The Veteran's request for reimbursement under the Post-9/11 GI Bill or Post-9/11 Educational Assistance for course expenses incurred in October 2011 to pursue a dental technician certificate is denied.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for an acquired psychiatric disorder. However, the preponderance of the evidence is against finding a current disability related to service.