Other conditions decisions — 2016

The Veteran's claims for increased ratings were denied as his right middle finger disability and left inguinal hernia residuals do not meet the criteria for a higher rating under applicable VA regulations.

The Veteran's service-connected reflex sympathetic dystrophy of the right lower extremity is currently rated at 40 percent, effective May 5, 2015.,Since January 8, 2015, the Veteran has been granted a TDIU based on his service-connected disabilities.

The Board denied the Appellant's claim for nonservice-connected death pension benefits due to her income exceeding the maximum annual death pension limit set by law.

The Board found that the October 1995 rating decision denying service connection for narcolepsy is final. The Veteran's petition to reopen his claim was received on July 31, 1997, and thus an effective date of July 31, 1997, was assigned for the award of service connection.

The Veteran's dysthymic disorder has been rated at 30 percent, the maximum schedular rating available under Diagnostic Code 9433. The appeal is granted.

The Board has determined that the Veteran's Dupuytren's contracture was not incurred in or aggravated by service, and thus denied his claim for service connection.

The Board found that the Veteran's current psychiatric disorders did not have onset during service, were not caused by his active service, and a psychosis did not manifest within one year of separation from active service. Therefore, the claim for service connection was denied.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's claimed respiratory disorder and his active service. The Veteran is requested to provide a VA addendum medical opinion addressing his contentions of exposure to hazardous chemicals in confined areas without adequate ventilation during service.

The Veteran has withdrawn all pending appeals, including the appeal for an initial rating in excess of 30 percent for a mood disorder.

The Veteran's claim for an increased rating for bilateral shin splints was denied by the RO, and no new evidence has been submitted to reopen the service connection issue.

The Board found that the Veteran's right cervicobrachialgia is productive of no more than moderate impairment, and thus does not warrant a rating in excess of 40 percent. The appeal for increased rating was denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and a VA examination to determine the nature and etiology of any current right hip disorder.

The Board has determined that the appellant's request for a waiver of recovery of an overpayment of VA death pension benefits in the amount of $336.00 is granted, as it meets the criteria for equity and good conscience.

The Veteran's claims for service connection for myalgias of the back and neck, atypical chest pain, memory loss, and liver disability were denied. The Board found that there was no evidence to support a direct relationship between these conditions and active service.

The Board has granted service connection for Raynaud's Syndrome as secondary to the Veteran's service-connected coronary artery disease and hypertension. The TDIU issue is being deferred pending further development of the disability rating.

The Veteran's claim for payment of unauthorized medical expenses incurred at Baptist Medical Center Beaches on January 23, 2011 was denied because the emergency treatment provided did not meet the criteria set forth in 38 C.F.R. § 17.1002.

The Veteran's appeal is being remanded to obtain additional medical records, especially those from the Jackson VAMC and St. Dominic Hospital, as well as SSA records. The Veteran will also be scheduled for a VA examination to assess his service-connected inguinal hernia disabilities.

The appellant requested a videoconference hearing on her DIC benefits appeal, but it was not scheduled. The case is now REMANDED to the RO for scheduling a videoconference Board hearing.

The Veteran's claim for service connection for breathing and lung problems, claimed as secondary to asbestos exposure, is being remanded due to the need for a hearing at the RO.

The Veteran's claim for service connection for HIV is being remanded due to the need for additional development, including obtaining medical records and a VA examination.