Other conditions decisions — 2016

The Board has determined that the Veteran's other specified trauma and stressor related disorder is service connected, with all reasonable doubt resolved in his favor.

The Veteran's service-connected residuals of stress fracture, left femoral neck were granted a 20 percent evaluation effective November 26, 2010.

The Veteran's appeal is remanded due to a request for a change in the hearing date and location. The Veteran was previously notified of his scheduled hearing but now requests it be rescheduled closer to his current location.

The Veteran's right hand disability, including the intrinsic muscles (Group IX) of the right ring finger and minimal osteoarthritic changes of the little finger, is currently rated as 10 percent disabling. The Board finds that a higher rating is not warranted for these conditions.

The Board has reopened the appellant's claim based on new evidence, but finds that his character of discharge is still a bar to VA benefits due to willful and persistent misconduct.

The appellant's claim for an earlier effective date for service connection for the cause of her husband's death was denied as there is no legal basis to award a prior effective date due to the finality of the July 2008 denial and the fact that the appellant did not file a timely notice of disagreement or submit new and material evidence within one year of the decision.

The Veteran's service-connected traumatic brain injury caused his ophthalmic migraine. The Board grants service connection for an ophthalmic migraine but not for cataracts.

The Board finds that the Veteran's death was not caused by a service-connected disability, and there is no evidence of any additional disability due to VA care. The claim for DIC is therefore denied.

The Veteran's gynecological disorder, including abnormal menstrual bleeding, right ovarian endometrioma, excision of an endometriotic cyst and benign ovarian tissue, and uterine fibroids, is not considered to be related to service.

The Board finds that the overpayment created should be waived because recovery would be against equity and good conscience. The Veteran's mother had died in June 2007, but she continued to receive dependent benefits for her mother until July 2012.

The Board has decided to remand the case for further development, including obtaining a VA examination and ensuring all necessary records are obtained.

The Veteran's service-connected varicose veins of the right and left lower extremities, as well as bilateral heel spurs, are each rated at 10 percent. The Board finds no basis to grant higher ratings under the applicable rating criteria.

The Veteran's claim for payment or reimbursement of unauthorized medical treatment received at [redacted] on April 19, 2013 was denied as the claim was not filed within the required 90-day period after discharge.

The Board has remanded this case for further development, including obtaining the Veteran's service personnel records to determine if his discharge was due to a service-connected disability. The appeal is currently in remand status.

The Veteran's left heel injury is currently rated at 10 percent, but the evidence does not support a higher rating as his disability does not meet the criteria for more severe ratings.

The Board finds that the debt in question was created by the actions of university officials and VA personnel only. The Veteran is not responsible for repayment due to lack of fault on her part.

The Veteran's appeal was denied as his service-connected conditions did not meet the criteria for increased ratings. The primary condition, Chiari malformation with syringomyelia and residuals of a posterior fossa decompression and syringo subarachnoid shunt, is rated based on its effects on the cervical spine without ankylosis, dysthymic disorder, and scars.

The Veteran's claim for an earlier effective date of the current 30 percent disability rating is denied as there was no pending claim prior to March 16, 2007, pursuant to which the higher, 30 percent rating could have been granted.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. Service connection claims for a perforated right eardrum and respiratory disability are pending.

The Board has remanded the Veteran's claim for a left elbow condition due to unclear notification of an examination and potential need for another VA examination.