Other conditions decisions — 2015

The Board finds that the overpayment of educational assistance benefits in the amount of $18,273.55 is invalid due to VA's administrative error and grants the waiver.

The Board has remanded the case due to the appellant's failure to appear for a scheduled hearing. The effective date of DIC benefits reinstatement is still July 1, 2010.

The Board denied the claim for an earlier effective date than August 21, 2013 for the grant of service connection for the cause of the Veteran's death due to a lack of clear evidence that demonstrates a prior claim was filed.

The Board has determined that prior authorization for the private medical expenses incurred by the Veteran on specific dates was not provided by VA, and thus these expenses are not covered.

The Board found that the Veteran's bilateral vision loss and cataracts are not service-connected, as there is no evidence of a pre-existing condition aggravated by service or any other connection to service.

The Veteran's appeal has been withdrawn, and the case is dismissed as a result.

The Board has determined that the Veteran's joint pains represent an undiagnosed illness related to his Gulf War service and grants service connection for this condition.

The Veteran's claims for payment or reimbursement of unauthorized medical treatment provided at St. Luke's Regional Medical Center on September 29, October 19, and October 27, 2011 are being remanded due to the need to obtain private medical records documenting his treatment and copies of initial claims and denial decisions.

The Veteran's Usher syndrome was found to have been aggravated during his active duty service, thus meeting the criteria for service connection.

The Board has determined that the Veteran's bilateral claudication disabilities do not warrant a higher rating based on current evidence of record. The existing ratings for each leg are appropriate given the objective findings, including ABI levels and clinical examination results.

The Board has remanded the Veteran's claim for additional development due to a lack of an opinion regarding the effects of pain medication on his ability to travel and function in a work environment. The case will be returned to the AOJ for further action.

The Veteran's left shoulder disability was granted a 20 percent rating effective May 14, 2015. His right small toe condition was not found to warrant any compensable rating.

The Veteran's son, W. P., began attending college in June 2003 after his 18th birthday. The claim for additional compensation based on school attendance was received more than one year and seven months later, which is not within the timeframe allowed by law.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for body and joint aches, gastrointestinal disability, or any other claimed disabilities. The August 1995 and July 2002 rating decisions denying these claims are final.

The Board has granted the Veteran's claims for a dependency allowance for his spouse and children, finding that he is S.P.'s spouse and the biological father of J.P., D.P., R.P., and M.P.

The Veteran's right shoulder disability, characterized by degenerative joint disease and a history of AC separation, is currently rated at 30 percent. The Board finds that the evidence does not support a higher rating as his functional loss due to pain and weakness does not more closely approximate limitation of motion to 25 degrees from the side.

The Veteran's claims of service connection for joint pain and arthralgia, as well as increased CPK levels, are denied. The Board finds that the Veteran does not have a current disability associated with these conditions at any time during the appeal period.

The Veteran's claims are being remanded for additional development, including obtaining SSA records and providing a VA skin examination.

The Veteran's appeal is being remanded due to the need for a new VA examination to assess his current symptoms related to retained shell fragments in his liver. The rating and effective date remain pending.

The Veteran's March 1, 2012 right foot surgery required convalescence for a period of at least six months. The Board has granted the extension of a temporary total rating through September 30, 2012.