Other conditions decisions — 2016

The Veteran's claim for increased ratings for his herniated nucleus pulposus L5-S1 is being remanded due to the need for additional development, including obtaining medical records from Dr. Gaiser.

The Veteran's right hip disability, characterized by pain and limited flexion to no less than 100 degrees without additional functional limitation not considered within the current evaluation, does not meet the criteria for an initial evaluation in excess of 10 percent.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA neurologist and addressing whether the Veteran's cognitive disability is related to service. The TDIU claim remains inextricably intertwined with the service connection claim.

The Board found that the appellant's character of discharge is not dishonorable for VA purposes and does not serve as a bar to his possible receipt of VA benefits based on his period of service.

The Board previously remanded the issues of entitlement to service connection for irritable bowel syndrome and a disability manifested by diarrhea and constipation, claimed as due to an undiagnosed illness. A September 2015 rating decision granted service connection for irritable bowel syndrome. As such, there is no remaining case or controversy over which the Board has jurisdiction, and the appeal is dismissed.

The Veteran's right thigh disability, including both the muscle and orthopedic impairment, has been found to most nearly approximate a rating of 30 percent since the beginning of his claim.

The Veteran's request for a hearing has been rescheduled due to his travel plans. The case is being remanded back to the Agency of Original Jurisdiction (AOJ) for further action.

The Board has remanded the case for additional development, including obtaining VA treatment records and physical therapy records. The appellant's claim for service connection for myositis is being reviewed.

The Veteran's PTSD is rated at 70 percent, effective June 25, 2010. The Board found that the Veteran has been unemployable as a result of his service-connected disabilities since this date.

The Board has ordered the case to be remanded for further adjudication due to issues regarding the validity of the overpayment and the appellant's request for a waiver.

The Veteran's appeal is being remanded to the RO for scheduling a videoconference hearing before a Veterans Law Judge. The Veteran requested such a hearing and has confirmed his desire to participate.

The Board has determined that the Veteran's cause of death, malignant brain tumor, is due to his exposure to Agent Orange in service and grants service connection for the cause of death.

The Board has determined that the Veteran does not have a current respiratory disorder related to service, including asbestos exposure.

The Board denied the Veteran's request for waiver of recovery of an overpayment of nonservice-connected (NSC) pension benefits in the amount of $77,394 due to fault on the part of the Veteran and no evidence of fraud or bad faith. The decision found that collection would not be against equity and good conscience.

The Veteran's duodenal ulcer is currently evaluated at 20 percent, but the evidence does not meet the criteria for a higher evaluation as his condition does not qualify as moderately severe or with recurrent incapacitating episodes averaging ten days or more in duration.

The Board has determined that the Veteran's bilateral foot disorder, including broken bones, was not incurred or aggravated during his military service and is not related to herbicide exposure. As such, service connection for this condition cannot be established.

The Board found that the appellant's discharge from service was under other than honorable conditions, but did not remove the bar to VA benefits due to a subsequent unfavorable review by the Army Discharge Review Board. The appeal is denied as the character of the appellant's service remains a bar to VA compensation and pension benefits.

The Board has determined that the overpayment of VA education benefits in the amount of $6,245.04 was properly created and that recovery would be against equity and good conscience.

The Board finds that the Veteran's PCT and ischemic heart disease disabilities meet the criteria for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has reopened the Veteran's claim for service connection for an adjustment disorder with depressed mood, but finds that there is no current diagnosis of a chronic mental disorder associated with his service-connected prostate cancer. The Veteran was diagnosed with alcohol use disorder in addition to depression.