Other conditions decisions — 2015

The Board found that the Veteran's gastrointestinal disorder did not have its onset during service and is not related to a disease or injury incurred in service. The skin rash was also not linked to service.

The appeal is being remanded to obtain the Veteran's complete personnel records from his military service through September 30, 1962. The decision will be reconsidered based on this additional information.

The Board finds that the Veteran's right leg condition is not caused or aggravated by his service-connected cervical spine disability, and there is no evidence of in-service onset or continuity of symptomatology.

The Veteran expressed his intent to withdraw his appeal seeking a higher rating for Crohn's disease, and the VA has increased the rating to 30 percent effective December 12, 2011. The Board dismissed the appeal as a result.

The Veteran's Crohn's disease was rated at 60 percent from February 15, 2008 to May 20, 2009. From May 21, 2009 to September 27, 2010, the rating was increased to 60 percent. Since then, it has remained at 60 percent.

The Board has remanded the case for additional development, including obtaining medical records and providing proper notice on the claim.

The Board has found that further development is needed for VA to fulfill its duties mandated under the VCAA. The case is REMANDED for the following: (1) Secure complete clinical records of all treatment and evaluation from Dr. Jacobs; (2) Review the record, ensure all development sought is completed, and readjudicate the claims on appeal.

The Board has granted a 30 percent rating for the Veteran's paroxysmal atrial fibrillation since November 1, 2009.

The Board has remanded the case due to incomplete development and a need for further medical examination. The Veteran's skin disability, claimed as psoriatic erythroderma, is being reviewed again with additional evidence and an updated opinion from the VA examiner.

The Veteran's claim of service connection for a right foot disorder is denied as there is no evidence showing that his current condition is related to his time in active military service.

The Board denied the Veteran's claims for service connection for nonischemic cardiomyopathy, vision disability, anemia, and a nerve disorder of the bilateral upper extremities, finding that new and material evidence had not been received to reopen the claim for a nerve disorder. The decision also denied his request for an earlier effective date for diabetes.

The Veteran's request for a waiver of overpayment was received within 180 days of the notice of creation of the debt at issue, thus meeting the criteria for a timely request and allowing the appeal to proceed on its merits.

The Board has determined that the reduction from a 100 percent rating to a 50 percent rating for oro-nasal reflux and loss of right half of hard palate, status post radiation for low grade adenocarcinoma of the parapharyngeal space was proper. The appeal concerning service connection for left ear hearing loss has been withdrawn by the Veteran.

The Board has remanded the case for additional development, including obtaining VA treatment records and in-service mental health treatment records. The appellant's claim will be reconsidered after this additional evidence is obtained.

The Veteran's appeal is being remanded to obtain additional treatment records and an addendum medical opinion regarding the possibility of any additional disability caused by the August 2009 surgeries. The TDIU claim is inextricably intertwined with the 38 U.S.C.A. § 1151 claim.

The Veteran's claim for a higher rating for her service-connected iliotibial band syndrome, claimed as left hip pain to include shooting pain from knee to feet, is being remanded due to the need for additional VA examination and updated treatment records.

The Veteran's squamous cell carcinoma of the nasopharynx is being remanded for further development, including a VA examination and opinion regarding its relationship to his military service and herbicide exposure.

The appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35 of the United States Code was denied because he did not meet the legal criteria for establishing his entitlement to these benefits. The appellant, who is the son of a veteran with permanent and total disability due to service-connected conditions, was found ineligible for DEA benefits as he was over the age limit for eligibility at the time of the effective date.

The appeal is being remanded due to incomplete information regarding the appellant's marital status. The VA will attempt to obtain relevant records and complete the record before readjudicating the claim.

The Veteran's request for a hearing before a Veterans Law Judge has been granted, and the case is being remanded to the RO for scheduling such a hearing.