Other conditions decisions — 2016

The Veteran seeks service connection for a respiratory disorder allegedly due to in-service asbestos exposure. The Board finds the claim should be remanded for additional VA examination and development.

The Veteran's last sickness and burial expenses have been reimbursed in the amount of $7,633.90. The appellant is not entitled to reimbursement for other out-of-pocket expenses related to the Veteran's care or activities.

The Veteran's pleural plaques have not been shown to cause any symptoms or impairment, and the Board finds that a rating in excess of 10 percent is not warranted.

The Board has determined that an earlier effective date for the grant of DIC benefits is not warranted, as the earliest claim of record was filed on June 17, 2011.

The Board denied the Veteran's request for waiver of recovery of an overpayment of VA compensation benefits in the amount of $14,949.60 due to fault on his part and unjust enrichment resulting from receiving the full amount of his VA benefits during his incarceration.

The Veteran's death pension benefits for surviving children are denied as the appellant's income exceeded the maximum annual pension rate.

The Veteran's claim for an increased rating in excess of 10 percent for osteoid osteoma of the right tibia was denied as her disability did not meet the criteria for a higher rating.

The Board has ordered additional development to determine if the Veteran received a blood transfusion during dental surgery at the Albany VAMC in 1986, and whether his terminal end stage liver disease became manifest in service. The case will be remanded for further review.

The Veteran's claims for service connection for lymphatic cancer and myasthenia gravis are being remanded due to the need for additional development, including obtaining updated treatment records and an addendum opinion from a VA examiner regarding the relationship between his diagnoses and military service.

The Board denied the Veteran's claim for an eligibility percentage for educational assistance in excess of 50 percent under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill Program) due to his periods of service not meeting the requirements for active duty service for purposes of establishing entitlement to benefits.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner to determine the nature and etiology of the Veteran's vision impairment. The Veteran is also asked to identify any private eye treatment records.

The Veteran's current sleep disorder had its onset in active service and has persisted since his separation from service, warranting service connection.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a right foot disorder. The medical opinions provided by the Veteran's treating physicians are consistent with his lay reports, indicating that a sore or lesion on his right foot was apparent upon his return from Operation Desert Storm and persisted and worsened thereafter. Therefore, the Board finds in favor of granting service connection for the right foot disorder.

The Board has remanded the case for additional development to address whether the Veteran's heart disability is due to herbicide exposure, secondary to service-connected diabetes mellitus or generalized anxiety disorder with major depressive disorder, and whether his hypertension is aggravated by his service-connected diabetes.

The Board found that the service member's discharge from service was under dishonorable conditions and denied the appeal to establish that it does not constitute a bar to the appellant's receipt of VA benefits.

The Veteran's psychiatric disorder, specifically a mood disorder, was manifested by symptoms such as depressed mood, anxiety, diminished interest or pleasure in activities, insomnia, and diminished ability to think, concentrate, or indecisiveness. The disability did not meet the criteria for a higher rating from August 19, 2010, to March 20, 2013.

The Veteran's right hand disability, characterized by pain and limited motion, warrants a 10% evaluation under the applicable rating criteria. The current noncompensable rating is found to be inadequate as it does not reflect the severity of his symptoms.

The Board found that the Veteran did not have Lyme disease at any time pertinent to the appeal and thus denied his claim for service connection.

The Board found that the Veteran's squamous cell cancer of the tonsil and tongue was not a presumptive disease associated with his exposure to Agent Orange, leading to the severance of service connection. The claim for TDIU remains pending.

The Veteran's claim for service connection for a skin disability was denied as there is no evidence of a disease or injury incurred in service. The Board found that the Veteran does not have a current skin condition and his claimed skin disability may be attributed to post-service treatment.