Other conditions decisions — 2016

The Veteran's duodenal ulcer was manifested by no more than continuous moderate symptomatology, including occasional abdominal pain, nausea, heartburn, difficulty swallowing, regurgitation, and some limited weight loss. The Board found that the criteria for a rating in excess of 10 percent prior to August 28, 2008, and in excess of 20 percent thereafter were not met.

The Board denied the Veteran's claim for an effective date prior to March 28, 2002 for the grant of service connection for Legg-Calve-Perthes disease, left hip, status-post total hip replacement. The decision found that no document in the claims file dated prior to March 28, 2002 could be construed as a claim or reopening of the previous denial.

The Board found that N.H. is not entitled to an apportionment of the Veteran's VA compensation benefits in the amount of $150 monthly between September 1, 2005 and December [redacted], 2009 due to undue financial hardship caused by the award.

The Board has remanded the case for further development, including obtaining updated VA treatment records and preparing an addendum opinion from a physician regarding the etiology of the Veteran's left hip disability. The claim will be reconsidered based on the additional evidence.

The Veteran's esophageal cancer is being remanded for a VA examination to determine if it is at least as likely as not related to his service, including herbicide exposure. The appeal will be reconsidered after the examination.

The Board found that the Veteran's right hand paraesthesia and watery, burning, and itching of the right eye were not caused by the abdominal aortic aneurysmectomy surgery and related surgeries. The VA medical opinion provided in March 2016 was considered most probative.

The Veteran's unauthorized medical expenses incurred on January 3, 2011 for a cardiac stress test were denied as prior authorization was not obtained and the treatment did not constitute emergency treatment.

The Board has vacated the previous decision and remanded the case to allow for review by the VA Office of the General Counsel regarding the payment of attorney fees.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected right leg disability.

The Veteran's appeal for an increased rating for his right mandible fracture and TMJ dysfunction has been withdrawn by the representative.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and SSA disability determination records. A VA examination will also be scheduled to assess the severity of his service-connected pleural plaques.

The Board found that the cause of death, a ruptured left internal iliac artery aneurysm, was not service-connected. The Veteran had hypertension and end-stage renal disease but no service connection for these conditions could be established.

The Veteran's claim for a waiver of an overpayment of VA dependent benefits is being remanded due to the need to address his marital history and determine if he provided proper notice regarding his marriages.

The Board has remanded the case for further development, including obtaining private treatment records and a VA physician's opinion on the relationship between the Veteran's coccidioidal meningitis and her service-connected conditions.

The Veteran's TDIU claim is granted with an effective date of April 24, 2008. This was the earliest date that his disability became factually ascertainable for TDIU purposes.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for interstitial lung disease due to medications prescribed by the VA Medical Center in Portland, Oregon. The case has been remanded as the June 2011 medical opinion did not address the Veteran's contention that his interstitial lung disease was caused by the interaction between methotrexate and antibiotics.

The Board dismissed the appeal of the claim for an initial rating in excess of 30 percent for bilateral flatfoot from August 13, 2013. The Veteran's bilateral flatfoot was rated at 30 percent prior to that date.

The Veteran's claim for additional VA educational assistance benefits under the Post-9/11 GI Bill was denied because he had used a total of 48 months of education benefits, which is the maximum allowed by law. The Veteran argued that he should be granted benefits due to financial hardship and reliance on VA's statements regarding his remaining entitlement, but these arguments were not accepted as they did not change the legal limit on the amount of benefits available.

The Board finds that the appellant does not have legal entitlement to VA compensation and pension benefits due to a lack of recognized service in the United States Armed Forces.

The Veteran's appeal is denied as her right breast cancer does not meet the criteria for a rating in excess of 40 percent.