Other conditions decisions — 2015

The Board denied the Veteran's claims for service connection for carotid artery disease and peripheral artery disease, finding that there was no evidence of a nexus to his service-connected coronary artery disease or any other service-connected disability. The effective date remains October 3, 2012.

The Board has requested a VA specialist's opinion and the case is being remanded to consider new evidence submitted by the Appellant. The focus of the appeal is whether there is new and material evidence to reopen the claim for service connection for the cause of the Veteran's death.

The Board found that the Veteran's CVA and its residuals were not caused by VA care or treatment in April 2004, and therefore denied compensation under 38 U.S.C.A. § 1151.

The Board has determined that the Veteran's overpayment of non-service-connected pension benefits should be waived due to fault on his part and undue financial hardship.

The Board has found that the Veteran's bilateral knee pain began in service and has been continuous since separation, granting service connection for patellofemoral syndrome with medial femoral tibial degenerative changes of both knees.

The Veteran's eligibility for the Veterans Retraining Assistance Program (VRAP) is denied because his character of discharge from his last period of service was dishonorable, preventing him from meeting the program's requirements.

The Board has remanded the case for further development, including obtaining a VA medical opinion on the relationship between the Veteran's hypertension and hypertensive heart disease and his presumed herbicide exposure in Vietnam. The appeal is now pending again with the RO.

The Board denied the Appellant's claim for an extension of her DEA benefits beyond October [redacted], 2013, as there is no legal basis to find her eligible after that date.

The Veteran died in March 1978, which is prior to the November 1, 1990 delimiting date for the benefits being sought. The legal criteria for the provision of a Government-furnished headstone or grave marker under 38 U.S.C.A. § 2306 are not met.

The Board denied the Appellant's appeal, finding that his last discharge from service was under dishonorable conditions and thus disqualifying him from participation in the Veterans Retraining Assistance Program (VRAP).

The Veteran's sternal wound infection and removal of the sternum and attached chest muscles are considered a result of his CABG and mitral valve replacement performed at a VA Medical Center in January 2006, which was not reasonably foreseeable. The Board has determined that the criteria for compensation under 38 U.S.C.A. § 1151 have been met.

The Board found that the Veteran's DJD of the left foot did not have its onset during active service or within one year thereafter, and it is not related to any incident of service.

The Board has determined that the Veteran's current visual field defect, chronic blepharitis, and meibomian gland dysfunction are not etiologically related to her in-service left eye injury or service.

The Board has ordered the case to be remanded for further action due to a lack of representation, and the AOJ is instructed to refer the case with the claims folder to the Veteran's local state representative.

The Board has determined that the Veteran's SMC, TDIU, and DEA benefits should be severed due to fraud. The decision is denied.

The Veteran's claim for basic eligibility for Post-9/11 GI Bill (Chapter 33) educational assistance benefits was denied as he did not have qualifying service to be eligible under the program.

The Veteran's claims for earlier effective dates for service connection and SMC awards were denied as the issues remained unadjudicated at the time of the January 1989 RO denial.

The Veteran's fibrosing mediastinitis and meralgia paresthetica and inflamed right sacroiliac joint are found to have onset during active service, warranting service connection. The Veteran's migraine headaches are rated at 30 percent.

The Board has determined that the appellant does not qualify as the Veteran's surviving spouse for purposes of receiving DIC benefits, as there was no valid marriage after their divorce in January 1993.

The Board has granted a 20 percent rating for residuals of a right great toe fracture, effective from July 23, 2015. Prior to this date, the Veteran's disability was rated as moderately severe.