Other conditions decisions — 2016

The Veteran's gout is not service connected, and the Board denied his claim for SMC based on need for aid and attendance due to his service-connected disabilities.

The Board found that the Veteran's claimed conditions, a loss of sense of taste and smell, were not related to service or herbicide exposure. The evidence did not show chronic symptoms during active service or continuous symptoms since separation.

The Board has remanded the case for a VA examination to determine whether the Appellant requires regular aid and attendance or is housebound due to her current disabilities. The claim will be readjudicated after the examination.

The Veteran's ulcerative colitis is currently rated at 30 percent, and the Board finds that his symptoms do not warrant a higher rating as he does not meet the criteria for severe ulcerative colitis with numerous attacks per year and malnutrition.

The Board granted service connection for mood disorder and assigned a rating of 70 percent effective from October 9, 2011. The Veteran is also awarded TDIU since this date.

The Veteran's current diagnoses of bilateral porokeratosis and calluses were not incurred during or related to his military service, as there is no evidence of any foot condition during service. The Board finds that the weight of the evidence does not support a finding that the Veteran's current foot conditions are related to service.

The Board found that the appellant's death pension benefits were properly terminated effective September 1, 2009 due to excessive income. The maximum annual pension rate for a surviving spouse without dependents was exceeded.

The Board has vacated the January 19, 2011 decision denying payment or reimbursement for medical care provided by Banner Sun City Medical Group on October 31, 2008 and dismissed the motion as moot because the benefits had been granted in full.

The Veteran withdrew his appeal for an initial compensable rating for residuals of inguinal hernia repair.

The Board is remanding the case to the RO for scheduling a hearing at the Providence, Rhode Island VA Regional Office.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for facial numbness that he claims resulted from a wisdom tooth extraction performed at a VA facility in February 2009. The Board has ordered the RO to obtain missing treatment records and schedule an examination to determine the nature and etiology of his claimed facial numbness.

The Veteran's dysthymic disorder was incurred during active military service and the Board finds that service connection is warranted.

The Board has determined that new and material evidence has not been received to reopen the claim of whether the appellant's character of discharge from service is a bar to VA benefits, as his previous denial was based on statutory bars due to AWOL. The appeal is denied.

The Board has determined that the Veteran's squamous cell carcinoma of the left mandible is not related to his service, including as due to herbicide exposure in Vietnam or secondary to his service-connected hypertension.

The Veteran's service-connected bilateral patellofemoral pain syndrome is currently rated at 10 percent, and the Board found that it did not warrant an increase to a higher rating based on instability.

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and scheduling a more comprehensive VA examination.

The Board found the debt to be valid and denied the appellant's request for a waiver, concluding that she was at fault in creating the overpayment.

The Veteran's appeal is denied as he did not meet the eligibility requirements for educational assistance under Chapter 1607, Title 10, United States Code, for benefits under the Reserve Educational Assistance Program (REAP) for Instrument/Commercial flight training.

The Veteran's bilateral tibia disabilities are rated at 30 percent each, but the Board has determined that a higher rating is not warranted. The appeal for TDIU remains pending as one of the service-connected conditions renders him unable to secure or follow substantially gainful employment.

The Board has ordered additional development due to incomplete records and the need for a medical opinion regarding the Veteran's intestinal damage.