Other conditions decisions — 2016

The appellant requested to withdraw her appeal regarding the entitlement to an earlier effective date for service connection of coronary artery disease. The Board has dismissed the appeal as a result.

The Veteran's appeal for Chapter 33 (Post-9/10 GI Bill) education benefits was denied as he did not have the required minimum of 30 continuous days of service after September 10, 2001. The Board found that his active duty ended in September 2001 and he had less than 30 days of service subsequent to this date.

The Board has determined that the appellant's deceased husband did not have recognized service for purposes of establishing basic eligibility for VA death benefits, and thus the appeal is denied.

The case is being remanded for the contested claims procedures to be followed, including notification of the appellant and the Veteran. The claim will then be readjudicated.

The Board found that the Veteran's cognitive impairment pre-existed service and was not aggravated by service. The Veteran does not meet the criteria for service connection as a new disability due to TBI.

The Board has determined that the appellant's request for waiver of overpayment of improved death pension benefits was not timely filed, and therefore VA cannot address the merits of her claim.

The Veteran's residuals of a left leg stress fracture have not met the criteria for a compensable evaluation from August 24, 2012 to July 20, 2015 and do not warrant an increased rating since July 20, 2015.

The Veteran's left thumb disability, characterized by DJD and residual paresthesias following a laceration, is currently rated at 10 percent under the General Rating Formula for Peripheral Nerve Disorders. The Board finds that this rating adequately reflects the severity of his condition.

The Board has determined that the Veteran does not have a current respiratory disability and therefore, service connection for a respiratory disability is denied.

The Board has remanded the case for additional development due to a failure to provide the Veteran with an opportunity to present evidence and argument, including at a hearing before the Board.

The Veteran is seeking an initial compensable evaluation for his service-connected bilateral hypertensive retinopathy, to include retinal macroaneurysm in the left eye. The case has been remanded due to the need for updated treatment records and a VA examination.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding whether gout is aggravated by service-connected degenerative joint disease in the ankles and feet.

The Board has ordered additional development to determine the Veteran's exposure to chemicals/radiation while servicing/model-making for tactical missile systems in the U.S. Army, and to assess whether his current bladder disorder had causal origins in active service.

The Board found that the Veteran's bilateral foot disorder did not begin in service and is not related to his military service. The evidence does not support a finding of service connection.

The Board has granted the Veteran's request for waiver of overpayment of VA compensation benefits in the amount of $103, 315.90, finding that recovery would be against equity and good conscience.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal.

The Board has determined that the Veteran's current right hand disorder, diagnosed as carpal tunnel syndrome, is not related to his service. The in-service injuries did not result in any long-term residual issues and are not considered causative of the current condition.

The Veteran's service-connected neurologic impairments of the lower extremities do not meet or nearly approximate the criteria for a rating in excess of 10 percent and 20 percent, respectively.

The Board has determined that the Veteran's current eye disabilities, including bilateral cataracts, macular degeneration, diffuse choroidal hemangioma, and pterygium, are not related to service. The preponderance of evidence does not support a finding that these conditions were incurred or aggravated by service.

The appeal is being remanded to the RO for scheduling a Board videoconference hearing at the appropriate RO in Washington, D.C. The Veteran will be notified of the date and time of the hearing.