Other conditions decisions — 2016

The Board has remanded the case for further development, including a comprehensive VA optometry examination by an allergist to determine if the Veteran's allergic conjunctivitis is related to his active service in Southwest Asia.

The Veteran's claim for a higher rating for his service-connected right thigh myositis ossifications is being remanded due to the need for additional development, including an examination and consideration of extraschedular considerations.

The Board has denied the Veteran's claims for service connection for chronic lymphocytic leukemia and polycythemia vera due to a lack of evidence supporting these conditions.

The Veteran's claims for service connection of a gunshot wound to the left leg and entitlement to TDIU were denied as he failed to appear at his scheduled VA medical examination without showing good cause.

The Board has remanded the case for further development, including obtaining medical opinions regarding the etiology of the Veteran's right hip disorder and whether it is related to service-connected conditions. The claim will be adjudicated again after these actions.

The Board found no evidence to support a direct service connection for the Veteran's left lower extremity PVD, and thus denied his claim.

The Board has remanded the case for additional development due to incomplete records and the need to obtain updated treatment records from Dr. Garcia.

The surviving spouse did not meet the income and net worth requirements for death pension benefits, including at the aid and attendance rate.

The Board has determined that the Veteran's chronic acquired eye disorder (other than dry eye syndrome) did not have its onset during service and is not a result of service-connected disability, thus denying the claim for service connection.

The Board has determined that the Veteran's gastritis is service connected as it is proximately due to or aggravated by her service-connected left hip disability. The Veteran also qualifies for a temporary total evaluation for convalescence following surgery for her service-connected left hip disability.

The Veteran's overpayment of $8,869 was created due to VA continuing to pay for his son A.W. III after he turned 18 years old. The Board found that the fault lay with VA in both creating and continuing the debt, thus waiving recovery of the overpayment.

The Board has decided to remand the Veteran's claims for further development, including obtaining medical records and personnel records.

The Board is remanding the case for additional development to obtain the Veteran's complete service personnel and medical files, including records of inpatient treatment at MacDill Air Force Base. The AOJ should also secure all VA treatment records from April 2009 onwards.

The Board has determined that additional development is necessary to fully and fairly adjudicate the Veteran's claim for service connection for residuals of blood poisoning, including a VA examination to assess current heart and lung conditions.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses for treatment provided at [redacted] on July 16, 2010 is granted due to the emergency nature of his condition and the unfeasibility of using VA facilities.

The Board has reopened the Veteran's claim of service connection for a left heel disability and granted it on de novo review. The effective date is September 22, 2011.

The Board has determined that recovery of the overpayment of dependent benefits in the amount of $11,929 is granted due to the balance of fault lying with VA's failure to act on information about the Veteran's divorce for over six years.

The Veteran's appeal is denied as there was no emergency treatment provided at [redacted] on September 27 and 28, 2010. The medical records show the Veteran was stabilized by then.

The Veteran's claim for service connection for residuals of tuberculosis (TB) was denied as there is no current diagnosis of active TB and the condition did not manifest to a compensable degree within three years of separation from service.

The Board has determined that the appellant is recognized as the Veteran's surviving spouse for purposes of VA benefits. The issue of entitlement to Dependency and Indemnity Compensation (DIC) benefits on the merits must now be adjudicated by the RO.