Other conditions decisions — 2016

The Board denied service connection for a psychiatric disorder other than pain disorder and entitlement to an increased rating for the Veteran's service-connected pain disorder.

The Veteran does not have a diagnosed liver disability or nerve damage to include as secondary to his service-connected splenectomy and bowel obstruction. The Board finds the evidence against this claim.

The Veteran's regional ileitis and Crohn's disease have been found to be severe, with frequent bowel movements and incontinence. The disability has rendered the Veteran unable to maintain substantial gainful employment.

The Board has determined that the Veteran's overpayment of $85,400.40 due to fugitive felon status is valid and denied his request for a waiver of recovery.

The Veteran's service connection claims for right and left lower extremity polyneuropathy, as well as leukemia, were granted. The Board found that the evidence was in equipoise regarding whether the Veteran's polyneuropathy was due to his diabetes mellitus or herbicide exposure, leading to a grant of service connection.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to assess the current severity of her service-connected corn/callosity of the right little toe.

The Board found that the Veteran's left hip condition was not manifested during his active military service and is not shown to be causally or etiologically related to his active military service. The claim for service connection for a left hip condition, to include as secondary to service-connected lumbar strain, is denied.

The Board found that the Veteran's current skin condition, telangiectasia, did not manifest in service or is otherwise related to service. Therefore, the claim for service connection was denied.

The Board denied higher initial ratings for tendonitis of the right and left feet, finding that the disabilities manifested in pain at various foot areas but did not meet criteria for a higher rating based on limitation of motion or other compensable factors.

The Board has determined that the Veteran does not have Systemic Lupus Erythematosus or Raynaud's Syndrome due to her service.

The Board has granted a 60 percent rating for post-operative residuals of left upper lobectomy, finding that the Veteran's FEV-1 was within 40 to 55 percent predicted throughout the appeal period. The preponderance of evidence is against a further increased (and maximum) 100 percent rating.

The Board has ordered further development of the Veteran's claim for service connection for an acquired psychiatric disorder, including nightmares and panic disorders. The case is being remanded to allow for additional examination and consideration of updated VA treatment records.

The Veteran's hip replacements have been rated based on the severity of their residuals, with a maximum rating of 50% for each hip since December 11, 2015.

The Board has determined that the Veteran's service-connected ulcerative colitis warrants a 30 percent rating, effective from January 1, 2008.

The Veteran's claim for extension of educational assistance benefits under Chapter 30 (Montgomery GI Bill) was denied as the criteria were not met. The decision concluded that an extension based on equitable tolling is not warranted.

The Board has ordered additional development to obtain opinions from a specialist in pain management regarding the nature and severity of the Veteran's service-connected residuals of pneumothorax. The case is now remanded for further action.

The Board has remanded the case for additional development, including obtaining medical opinions regarding whether the Veteran's congenital patent foramen ovale was a congenital disease or defect and whether it was aggravated by his period of service.

The Veteran's appeal is being remanded to the RO in Atlanta, Georgia for a videoconference hearing. The Veteran requested such a hearing due to his recent move to Georgia.

The Board has remanded the case due to the appellant's failure to report for a scheduled videoconference hearing. The case will be returned to the AOJ after scheduling a new hearing.

The Veteran's claim for service connection for periodontal disease, either for compensation or outpatient treatment purposes, was denied as there is no recognized disability for which he can receive compensation and his eligibility for outpatient dental treatment does not meet the criteria.