Other conditions decisions — 2016

The Veteran's claim for service connection for Restless Leg Syndrome was denied as the evidence did not show that it was incurred in or aggravated by service, and a VA examiner determined it was not related to his service-connected low back disability.

The Board has remanded the case for additional development, including obtaining medical records and conducting a VA examination to determine if any currently diagnosed right eye disorder is related to service or an in-service injury.

The Board has granted separate compensable ratings of 20 percent each for peripheral vascular disease of the right and left lower extremities from March 27, 2013.

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and providing an addendum opinion on the etiology of the right hip disorder. The issues include determining whether a right hip disorder is related to service or secondary to a service-connected right knee strain.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA disability benefits records. A new examination will be scheduled to assess the current severity of his service-connected right thigh muscle injury and need for aid and attendance.

The Board has remanded the case for additional development, including obtaining updated treatment records and scheduling VA examinations to assess the severity of the Veteran's non-Hodgkin's lymphoma and right toe disability. The TDIU claim is also inextricably intertwined with the other claims.

The Board has determined that the Veteran's bilateral hip avascular necrosis is more likely than not related to his alcohol abuse, which was secondary to his service-connected PTSD. Therefore, the claim for service connection for bilateral hip avascular necrosis is granted.

The Board denied an earlier effective date for the addition of the Veteran's spouse and child as dependents, finding that the October 22, 2009 claim was the earliest response to VA's request for specific information regarding their identity.

The Veteran's left foot disability, which was previously rated at 20 percent, is now rated at 30 percent effective January 14, 2016. The disability has worsened to include marked contracture of the toes and very painful callosities.

The Veteran's request for a waiver of overpayment was denied because it was not submitted within the 180-day time limit mandated by law.

The Veteran's appeal is being remanded to determine if he has a right thigh disability caused by more nerve groups than the current rating for meralgia paresthetica allows, and to assign an appropriate disability rating.

The Veteran does not have diagnosed disabilities of the bilateral Achilles tendons or legs, and his claims for service connection are denied.

The Veteran's appeal for an increased rating in excess of 30 percent for detachment of retina, right, post-operative with peripheral retina degeneration, left has been dismissed due to the Veteran's death.

The Veteran's esophageal cancer is being remanded for further development and a medical opinion to determine if it is at least as likely as not related to his service, including exposure to Agent Orange. The cause of death claim remains pending.

The Veteran is entitled to the Post-9/11 GI Bill (Chapter 33) housing allowance for veterans participating in VA Vocational Rehabilitation and Education programs.

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of the claim for service connection for residuals of head trauma, to include memory loss.

The Veteran's spouse did not meet the criteria for accrued benefits based on need for aid and attendance or housebound status, as she was able to care for herself and had no significant disabilities requiring regular assistance.

The Board has remanded the case for additional development due to inadequate examination and opinion regarding service connection for psoriatic arthritis.

The Board denied the appellant's claim for DIC benefits as she did not meet the requirements to be considered a surviving spouse of the Veteran due to her marriage being less than one year prior to his death and because common law marriage is not recognized in both the Philippines and Washington State.

The Veteran's treatment for a healed abscess and associated cellulitis on November 12, 2013 was considered an emergency by the Board due to his history of brain infection. The claim is granted as payment or reimbursement for unauthorized medical expenses.