Other conditions decisions — 2016

The Board found that HIV was not incurred in or aggravated by service and denied the Veteran's claim for service connection.

The Veteran's service-connected left thigh and hamstring disability has resulted in a severe impairment by analogy to muscle group XIII, warranting a 40 percent rating.

The Board has determined that the appellant's HIV and pancreatitis are not related to his service, specifically as they did not manifest during active duty or ACDUTRA. Therefore, service connection for these conditions is denied.

The Veteran did not meet the eligibility criteria for educational assistance benefits under Chapter 35 as he did not die of a service-connected disability or have a permanent and total disability during his lifetime.

The Board has determined that the Veteran's current right patellofemoral syndrome is related to her service, and therefore grants service connection for this disability.

The Veteran's claim for nonservice-connected pension is denied because he did not meet the requirement of having 90 days of active service during a period of war, and therefore does not qualify for VA pension benefits.

The Board found that the Veteran's current left hip and left elbow disorders did not manifest in service and are not related to any event or incident of his active service, including his confirmed parachute jumps.

The Board has determined that there is no current evidence of a right eye or left hand disability, and thus service connection for these conditions cannot be established.

The Veteran's claim for an effective date prior to January 15, 2014, for the grant of special monthly compensation based on loss of use of a creative organ is being remanded due to the need for issuance of a statement of the case.

The Veteran's service-connected residuals of left pubic and ischial rim and acetabular fractures including traumatic left hip arthritis are currently rated at 10 percent, but do not warrant a higher rating as there is no evidence of ankylosis or flail joint. The current rating adequately reflects the severity of his disability.

The Board found that the Veteran's current dental condition is due to a service-connected injury, and thus granted his claim for service connection.

The Board has remanded the case for obtaining potentially relevant records from the Social Security Administration (SSA). The issue of entitlement to additional VR&E services under Chapter 31, Title 38, U.S.C. is now pending.

The Board has determined that the Veteran's varicose veins in the left leg were aggravated by his military service, and thus service connection is granted. The claim for secondary service connection for a pulmonary embolism related to the varicose vein condition is also granted.

The Veteran's daughter is appealing the May 1992, April 2006, and October 2006 rating decisions that granted TDIU with an effective date of October 20, 2004. The appeal is being remanded for further action regarding CUE in these decisions.

The Veteran withdrew his appeals on the issue of entitlement to service connection for residuals of a TBI. The case is dismissed.

The Board has determined that the appellant is not eligible for VA nonservice-connected death pension benefits as the Veteran did not serve during a period of war. The claim for service connection for the cause of the Veteran's death was not addressed due to lack of proper notice and because no records from the treating providers were obtained.

The Board has remanded the case due to the appellant not being provided a DRO hearing, and the RO should schedule such a hearing for the appellant.

The Veteran's claim for service connection for a back disorder, including muscle strain and lower back pain/strain, has been granted by the RO. The Veteran is now assigned a 40 percent rating effective December 9, 2014.

The Board found that the overpayment of $7,958 was validly created and did not involve fraud or bad faith. The Veteran's fault in creating the overpayment is acknowledged, but recovery would defeat the purpose of VA dependency benefits for his second spouse. A partial waiver of $7,412 is granted.

The appellant was legally married until November 2011 under Texas law, and a common law marriage could not have been created prior to her divorce. Therefore, she is denied recognition as the Veteran's surviving spouse for VA death benefits.