Other conditions decisions — 2016

The Board found that the removal of the appellant's son from her VA compensation award due to his concurrent receipt of Chapter 35 Dependents' Educational Assistance benefits was proper, and the resulting overpayment of $5,584 was valid.

The Veteran's claims for service connection for a sleep disorder and bilateral upper extremity disorder, as well as his claim for an increased rating for his spinal fusion disability, were denied. The Veteran was not granted any compensable ratings for his hearing loss.

The Veteran's request to revoke her election of benefits under the Post-9/11 GI Bill (Chapter 33) in lieu of benefits under the Montgomery GI Bill (Chapter 30) was denied as she made an irrevocable election and is ineligible for the claimed benefit.

The Board finds that the evidence is at least in equipoise with regard to whether the Veteran's gastric cancer onset during military service. As a result, service connection for the cause of the Veteran's death is granted.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Board denied the Veteran's request for an earlier effective date of February 26, 2010 for nonservice-connected pension benefits due to a lack of timely submission of evidence regarding his income eligibility requirements.

The Veteran's bladder disability, which includes a bladder cystotomy, secondary intrauterine adhesions, and residuals of cesarean section with urinary incontinence, has been granted an effective date from March 8, 2013.

The Veteran's claim for a clothing allowance due to knee braces is denied as the evidence does not support that the braces cause wear or tear of his clothing.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for residuals of spontaneous infection, right second toe, status post incision and drainage. The claim is being remanded to obtain a supplemental opinion from the examiner who provided the November 2014 and January 2015 VA opinions or an appropriate substitute. The Veteran's TDIU claim is also being remanded for contemporaneous adjudication.

The Veteran is seeking service connection for white spots in the mouth and esophagus, as well as an eye disability. The appeal has been remanded to obtain additional medical records and to attempt to secure clinical hospital records from San Diego Naval Hospital.

The Veteran's left ear otitis media is manifested by chronic suppurative otitis media, warranting a 10 percent rating.

The Veteran's labyrinthitis is currently rated at 30 percent, the maximum schedular rating. The Board finds no basis to grant a higher rating as his symptoms do not meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran's appeal is remanded due to the need for additional development, including an orthopedic examination and consideration of whether an extraschedular evaluation should be assigned.

The Veteran's claim for a higher initial rating for his mood disorder with depressive features has been granted, and he is now rated at 70 percent effective from January 20, 2009.

The Veteran's claim for a compensable rating for residuals of malaria was denied as he failed to appear for a necessary VA examination without good cause.

The Board denied the Veteran's claim of service connection for multiple-joint arthritis as secondary to his service-connected duodenal ulcer disease, finding that there was no evidence showing that the arthritis had been significantly worsened by his previous treatment with NSAIDs due to his ulcer disability.

The Veteran's claim for a higher rating for his herniated nucleus pulposus, L5-S1, was denied as the evidence did not show that he met the criteria for a higher rating under VA's rating schedule. The Board found that the current 20 percent rating adequately reflected the Veteran's lumbar spine disability.

The Veteran's appeal is being remanded to obtain additional medical records and for the issue of an extraschedular rating for sickle cell anemia with vitreous hemorrhage in left eye to be referred to the Director, Compensation and Pension Service.

The Board has remanded the case due to the failure to issue a Statement of the Case (SOC) on the apportionment claim. The appellant is advised that they need to file a substantive appeal within the time limit.

The Veteran's right hip replacement surgery did not result in additional disability, and the Board finds that his current condition is not due to VA medical treatment.