Other conditions decisions — 2016

The Veteran's spouse is not eligible for DEA benefits because the Veteran does not have a permanent and total service-connected disability.

The Board has remanded the case for further development regarding exposure to herbicides, other chemicals/fuels/solvents, and radiation during the Veteran's active service.

The Board found that the overpayment of VA compensation benefits was validly created due to the Veteran's incarceration and failure to report his address. However, recovery of this debt would not be against equity and good conscience as it does not cause undue hardship.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a new examination to assess the impact of his service-connected disabilities on his employability.

The Veteran's appeal is being remanded due to the need for additional VA treatment records, a new VA examination, and further development of her effective date claim.

The Veteran's appeal is being remanded to the RO for scheduling a Board videoconference hearing. The claim on appeal remains pending and will be addressed after the hearing.

The case is being remanded for the VA physician's opinion to be reviewed and associated with the record. The appeal will then be readjudicated.

The Board has determined that the Veteran's UJO is a congenital defect and not related to service. The Board also finds that the pre-existing hydronephrosis did not undergo permanent worsening during service, and thus was not aggravated by service. However, the Board notes that there are conflicting opinions regarding whether the Veteran's heart disorder (hypertension) existed prior to service or developed post-service.

The Board has remanded the case for further development, including obtaining records related to the Veteran's disciplinary history and character of discharge. The appeal will be reconsidered after these actions.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Johnson City Medical Center from November 11, 2012 to November 19, 2012 was denied as the VA facilities were available and feasible for transfer but the Veteran refused.

The Board found that the Veteran's cause of death, disseminated fungal infection, was not caused by or aggravated by his service-connected conditions (AML and MDS), which were not presumed to be related to herbicide exposure. The Board determined that there is no evidence linking AML and MDS to Agent Orange exposure.

The Board has determined that there are no current residuals of cold injuries to the feet, and thus service connection for this condition is denied.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to address the Veteran's claims of service connection for a skin disorder and respiratory disorder.

The Veteran's combined annual family income exceeded the maximum annual pension rate (MAPR) for a veteran with one dependent who is in need of aid and attendance, thus denying the claim for nonservice-connected pension benefits.

The Veteran's claims for service connection for right and left shin splints, calcium build up, stretched left leg ligament, and residuals of a fractured left thumb have all been denied as there is no current evidence of these conditions.

The Veteran's knee disabilities have been rated based on their current functional limitations, and the Board finds that no higher ratings are warranted as his symptoms do not meet or approximate the criteria for any of the higher schedular rating levels.

The Board finds that the Veteran's left hip disability is not related to his service or a service-connected condition, and thus denies the claim for service connection.

The Veteran's unauthorized medical expenses incurred at Good Samaritan Hospital for his broken tibia and fibula were granted payment due to the nature of the injury requiring immediate attention, and no feasible VA facility was available.

The Veteran's service-connected residuals of a gunshot wound to the right side of the chest with hemothorax and retained foreign body do not meet the criteria for an evaluation in excess of 10 percent.

The Veteran's appeal is being remanded due to the need for an SOC addressing his claim of service connection for aortic aneurysm as secondary to service-connected coronary artery disease.