Other conditions decisions — 2016

The Veteran's heart murmur is not service-connected due to lack of evidence linking it to his active duty or any presumptive conditions. The claims for PTSD, skin disorder, and peripheral neuropathy have all been previously denied and are not reopened.

The Board has remanded the case due to unclear claimants and potential jurisdictional issues, as well as inconsistencies in the regulations regarding partial coverage under health-plan contracts.

The Veteran's AML is found to be related to his service, and he is granted service connection for this condition.,For the left and right lower extremity radiculopathy, a rating in excess of 10 percent is not warranted as the evidence more nearly approximates mild incomplete paralysis.

The Board found that the Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to July 12, 2007.

The Veteran's representative withdrew the appeal regarding dependency allowance for his adopted son, M. A. K., to include helpless child status.

The Veteran's claim for service connection for bilateral vision loss is being remanded due to the need for additional development, including obtaining VA and private treatment records.

The Board denied the reopening of the Veteran's claim for service connection for a back disability, finding that the new evidence submitted was not material and did not relate to the basis of the prior denial.

The Veteran has withdrawn his appeal for a TDIU rating, and the Board is dismissing the matter as there are no remaining issues to consider.

The Board has remanded the case due to the need for additional evidence and a VA dental examination.

The Veteran's degenerative joint disease of the thoracic spine is found to be etiologically related to his period of active service, and therefore service connection for this condition is granted.

The Veteran's request for a waiver of an overpayment in the amount of $55,312 was denied as it was not timely submitted.

The Veteran's request for an earlier effective date for Post-9/11 GI Bill benefits in lieu of Montgomery GI Bill benefits was denied as the law does not allow for back pay or equitable relief.

The Veteran's income did not exceed the maximum annual pension rate for non-service-connected pension with aid and attendance from January 29, 2014 to April 26, 2016. Pension benefits are granted during this period.

The Board has determined that the Veteran did not make an irrevocable election for education benefits under the Post-9/11 GI Bill program (Chapter 33) in lieu of benefits under the Montgomery GI Bill (MGIB) program (Chapter 30), thereby limiting his entitlement to Post-9/11-GI Bill benefits to four months and eight days. The appeal is granted.

The Veteran seeks service connection for a skin rash that he asserts began in service. The Board finds that a remand is necessary to obtain a VA examination and medical opinion.

The Board has determined that the Veteran's GSW residuals do not warrant a rating in excess of 20 percent, as there is no evidence of muscle damage or impairment beyond what was noted at the time of discharge from service. The current examination findings are consistent with this assessment.

The Veteran's claim for a TDIU rating based on his service-connected psychiatric disorder and right multiple spontaneous pneumothorax is being remanded due to the need to obtain his vocational rehabilitation folder.

The Veteran's aortic valve replacement was not caused by VA carelessness, negligence, or error. The Board finds that the additional disability did not result from any fault on the part of VA.

The Veteran's claim for an increased rating for residuals of multiple facial fractures was denied because he failed to report for a scheduled VA examination.

The Board granted the Veteran's claim for an initial compensable rating for hairy cell leukemia and awarded him a noncompensable rating from July 30, 2004. The effective date of service connection for arteriosclerotic coronary artery disease was set at January 3, 2006.