Other conditions decisions — 2016

The Board denied the appellant's claims for nonservice-connected death pension benefits, special monthly compensation (SMC) based on the need for aid and attendance or housebound status, and increased burial benefits. The effective date for DIC benefits was set at August 30, 2013, as it fell within one year of the Veteran's death.

The Board denied claims for service connection for bilateral cataracts and esophageal cancer as they are not related to service. However, the Veteran's surviving spouse is entitled to accrued benefits based on his prior claim.

The Board found that the Veteran's skin cancer and infertility are not etiologically related to any in-service event, injury or disease. The claims for service connection were denied.

The Board has determined that the Veteran's actinic keratosis and dry eye syndrome with meibomian gland dysfunction are service-connected, effective from the date of receipt of his claims.

The Veteran's request for waiver of recovery of an overpayment of Chapter 30 educational assistance benefits in the amount of $2,576.93 was not timely filed and therefore denied.

The Board found that the cause of death, gastroenteritis, was not related to service-connected conditions and denied the claim for service connection.

The Veteran's service-connected left sole callus formation has been manifested by pain and tenderness throughout the appeal period, but does not meet the criteria for a disability rating in excess of 10 percent.

The Veteran's initial compensable ratings for Non-Hodgkin's lymphoma, right and left lower extremity venous insufficiency have been granted. The effective dates are not specified.

The Board denied the Veteran's claims for service connection for obesity with shortness of breath, right arm disability (exertional compartment syndrome), and left arm disability (exertional compartment syndrome) due to a lack of current disabilities.

The Veteran's claim for educational assistance benefits under the Post-9/11 GI Bill was denied because he did not have more than 90 days of qualifying active duty service after September 10, 2001.

The Veteran's initial compensable rating for right elbow tendinitis, prior to October 28, 2012, is granted at a 10 percent disability rating.

The Board has granted service connection for a right hip disability due to the Veteran's service-connected bilateral knee replacements. However, it denied service connection for a left hip disability.

The Board has determined that the Veteran's current diagnosis of bilateral shin splints is supported by service treatment records and his continuous complaints of pain during physical activity. The VA examiner concluded that the Veteran does not have a current diagnosis of heel spurs, as evidenced by negative imaging from in-service and post-service examinations.

The Board has remanded the case for further action due to inconsistencies in the records and need for additional development.

The Board denied the Veteran's claims for service connection for residuals of a bilateral eye injury, refractive error, and bilateral eye cataracts due to lack of evidence showing any in-service injuries or superimposed diseases.

The Board found that the appellant was solely at fault in creating the overpayment and denied her request for waiver of recovery, as it would not be against equity and good conscience to recover the $20,242.75 overpayment.

The Veteran's service-connected bilateral pneumothorax, spontaneous, with left thoracotomy, was granted a rating of 60 percent effective from December 16, 2002, until January 24, 2005.

The Board found that the current right hip disorder was not manifested during active military service, is not shown to be causally or etiologically related to his active military service, and is not shown to have manifested within one year from the date of his separation from the military. The Veteran's representative argued that the current right hip disorder was due to in-service parachute jumps, but this evidence does not establish a link between the current condition and service.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of service in the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces during World War II.

The Veteran seeks service connection for a left foot disorder, claimed as residuals of a left foot injury. The Board finds that additional development is needed to determine the etiology of his current left foot condition.