Other conditions decisions — 2016

The Veteran is granted a revival of up to 33 months of educational assistance under Chapter 33, which was previously reduced by the use of 45 months of educational assistance under Chapter 35. This allows her to continue her education without losing any benefits.

The Board has remanded the case due to changes in financial status reports and requests for updated information from both the appellant and the Veteran.

The Board found that the Veteran's osteomyelitis of the left ischium was not proximately due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA during treatment starting March 30, 2005. The claim for compensation under section 1151 has been denied.

The Board has remanded the case for additional development due to incomplete records and an inadequate VA medical opinion.

The Board has remanded the case due to failure to comply with VA's duty to assist in obtaining private medical records and SSA records, inadequate VA examinations, and failure to follow April 2014 remand directives.

The Court found the record insufficient to support the Board's conclusion that the Veteran did not maintain satisfactory attendance at Ramon Magsaysay Technological University, thus invalidating the overpayment of VA educational assistance benefits in the amount of $8427.70.

The Board has remanded the case due to inadequate analysis and need for a VA medical opinion regarding the relationship between the Veteran's service, specifically his presumed herbicide exposure (including Agent Orange), and his death. The appellant contends that the Veteran died from lung cancer rather than metastatic adenocarcinoma of the esophagus.

The Board has remanded the case for further development, including adjudicating service connection claims for right hallux valgus and calcaneal spur disabilities as secondary to the service-connected right great toe disorder. The increased rating claim for the Veteran's service-connected right great toe will be readjudicated after these service connection claims are resolved.

The Veteran's claims of service connection for senile cataracts, blepharitis and dry eyes as well as hypertension have been reopened. However, the evidence does not establish a direct link between these conditions and his military service.

The Veteran's shin splints disability had onset in service and the Board finds that it is more likely than not a direct result of military service. Therefore, the claim for service connection for shin splints is granted.

The Veteran's upper and lower extremity numbness and tingling have been rated as mild to moderate, with a 30% rating for the right upper extremity and a 20% rating for each of the left upper and lower extremities.

The Veteran's claim for service connection of a lip condition is being remanded due to the need for a VA examination.

The Board denied service connection for colon polyps and oral thrush, both claimed as due to exposure to contaminated water at Camp Lejeune. The Veteran's claims were based on new evidence that reopened the case, but the Board found no causal link between the conditions and his military service or presumed exposure.

The Veteran does not have a current vision or eye disability other than a refractive error of the eye, and therefore service connection for this condition is denied.

The Veteran's peptic ulcer disease and gastritis are currently rated at 20 percent, which is the maximum rating available under the applicable diagnostic code. The Board has determined that this rating adequately compensates his symptoms of moderate to severe abdominal pain and nausea. For the period from September 8, 2011, the Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation.

The Board found that the appellant's income exceeded the maximum allowable for death pension benefits, and thus terminated her nonservice-connected death pension benefits effective May 1, 2009.

The Veteran's claims for service connection were denied, and he was not granted any disability ratings or effective dates.

The Board found that the appellant's character of discharge from active military service is a bar to receipt of VA benefits, including compensation and pension benefits.

The Veteran's claims for increased ratings for left and right hand tendonitis are being remanded due to the need for additional examinations and consideration of new evidence.

The Board is remanding the case to verify if the Veteran had qualifying service in the Armed Forces of the United States, as this is a critical piece of information for determining eligibility for nonservice-connected pension benefits.