Other conditions decisions — 2016

The Veteran's claims for increased ratings for his service-connected shell fragment wounds (SFW) of the left posterior leg, right thigh and posterior leg, and right side have been denied as he is already receiving the maximum schedular ratings.

The Board found that the Veteran's bilateral hernia was not caused or aggravated by medication for his service-connected hepatitis C and concluded that it was more likely due to respiratory disorders.

The Veteran died from acute myocardial infarction. The Board found no evidence to support a connection between his death and his military service, including any exposure to herbicides or other conditions.

The Veteran's appeal to the August 29, 2012 rating decision was denied because his November 8, 2013 notice of disagreement (NOD) was not timely filed within one year after notification of the decision.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that there was no clear and convincing evidence to support a common law marriage under Oklahoma state law.

The Veteran's application for VRAP benefits was denied as he was not enrolled in a full-time training program at All State Career trade school, contrary to the requirements of the VRAP.

The Veteran's service-connected sensory loss to the left fourth and fifth toes is currently rated as 10 percent disabling, but his disability picture does not warrant a higher rating based on current symptoms.

The Veteran's request for a waiver of recovery of an overpayment of $37,098.17 was not timely filed and therefore his request is denied.

The Veteran's unauthorized medical expenses incurred at Baptist Medical Center from August 13, 2010 to August 14, 2010 were not reimbursable because the treatment did not meet the definition of 'emergency' and VA facilities were deemed feasibly available.

The Veteran withdrew their appeal of the issue regarding a higher percentage of eligibility under the Post-9/11 GI Bill Program.

The Veteran's TMJ disability has been rated at 30 percent since November 3, 2011, and the Board finds that a higher rating is not warranted for any period of time.

The Board found that the Veteran's service-connected narcolepsy did not meet or approximate the criteria for a higher initial rating of 20 percent under DC 8911, as he did not have at least one major seizure in the last two years or at least two minor seizures in the last six months. The claim was denied.

The appellant is not eligible for Chapter 35 Dependents' Educational Assistance (DEA) benefits prior to November 15, 2011 as she did not timely elect a beginning date within the required 60 days. The earliest possible beginning date available under VA law and regulations is November 15, 2011.

The Board has granted service connection for the Veteran's bilateral foot disorders, finding that his current disability is related to military service. The decision also addressed the claim of obesity secondary to a back disability but did not reach a final determination.

The Board has decided the Veteran's claim of entitlement to service connection for a skin disability and has remanded it due to lack of notification regarding a scheduled VA examination.

The Board found that the Veteran does not have a current left leg disability and thus, denied his claim for service connection.

The Board has remanded the case for a new VA examination to address the Veteran's claim of service connection for a skin disability. The examiner is asked to provide an expert medical opinion on whether the condition had its onset during service or is otherwise causally related to any event or circumstance of his service.

The Board has remanded the case due to deficiencies in the development of evidence for the issue of service connection for testicular cancer, which is claimed as secondary to herbicide exposure. The Veteran's claim will be readjudicated after obtaining updated VA treatment records and any other outstanding records pertinent to his claims.

The Board found no evidence of recurrent subluxation or lateral instability in either knee, and thus denied separate ratings for instability.

The Veteran's service-connected residuals of laryngeal cancer are rated at 30 percent, and he is granted TDIU.