Other conditions decisions — 2016

The Veteran's abdominal neuralgia has been rated at 30 percent, which is the highest schedular rating available under Diagnostic Code 7319. The Board finds that this rating is appropriate given her symptoms of occasional involuntary bowel movements necessitating the wearing of a pad.

The Veteran's respiratory and atrial fibrillation disabilities are not service-connected, as there is no evidence of their onset during active duty or due to a service-connected disability.

The Board denied the Veteran's claims for higher initial disability ratings for his right and left leg limitations of flexion, finding that the evidence did not meet the criteria for a rating in excess of 10 percent.

The Board found that the service-connected spontaneous pneumothorax did not result in any current disability and thus, a compensable rating is not warranted prior to November 28, 2012.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, nor have they been shown to preclude him from securing and following a substantially gainful occupation consistent with his education, training and work experience.

The Veteran's overpayment claim has been remanded due to the lack of a statement of the case (SOC) in response to his notice of disagreement. The issue must be readjudicated in an SOC.

The Board found that the withholding of VA nonservice-connected pension benefits was warranted from March 9, 2009 to June 4, 2009 due to the Veteran's status as a fugitive felon.

The Board is remanding the case for further development, including obtaining deck logs from the USS Oklahoma City and reviewing any lay statements submitted by the appellant.

The Veteran withdrew his appeals for increased rating for ulcerative colitis and TDIU prior to the Board's decision.

The Veteran's current left lingual and left inferior alveolar nerve damage, status-post extraction of the third molar, is related to his active duty service.

The Board has determined that the validity of an overpayment of service-connected compensation benefits in the amount of $8,122.03 needs to be reviewed and will remand the case for further action.

The Board has remanded the case for further development due to inadequate VA examination reports and because of the Veteran's service in the Persian Gulf, which may allow for a presumptive service connection.

The Veteran's pseudoaneurysm resolved after stenting without any residual problems. The Board finds that the criteria for a 10 percent rating, but not higher, for residuals of pseudoaneurysm have been met.

The Board has ordered a remand to determine if the Veteran's chronic myeloid leukemia is related to service, including herbicide exposure. The case will be returned for further action.

The Board has determined that the Veteran's left foot disorder is not related to his military service and therefore denied his claim for service connection.

The Board has determined that the effective date for the grant of service connection for the cause of the Veteran's death and DIC benefits should be December 18, 2003.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for additional medical records and treatment information.

The Board has determined that the appellant cannot be recognized as the surviving spouse of the Veteran for non-service-connected death pension benefits due to a lack of evidence showing remarriage or living together after their divorce in March 1980.

The Board has determined that the Veteran's service-connected bilateral varicose veins did not cause or contribute substantially to his death from pneumonia due to dysphagia, generalized atherosclerosis, and pulmonary fibrosis. The Board found no evidence of a direct link between the Veteran's service-connected condition and his cause of death.

The Veteran seeks an earlier effective date for the assignment of a 60 percent disability rating for porphyria cutanea, which was granted in March 21, 2011. The Board finds that the earliest date as of which it is ascertainable that the increase occurred is October 26, 2010.