Other conditions decisions — 2016

The Board has reopened the appellant's claim regarding his character of discharge and determined that there are compelling circumstances warranting the prolonged unauthorized absence, including combat service in Korea, PTSD related to a 1950 mortar incident, and assistance on the family farm due to father's illness.

The Veteran's grandchildren, MB and TB, were not legally adopted at the time of his death. The Board denied the appellant's claim for additional DIC benefits as she did not meet the legal requirement to have her grandchildren legally adopted.

The Board has decided that the Veteran's claim for service connection for multiple lipomas, claimed as due to exposure to herbicides, requires additional development and a new examination.

The Veteran's service-connected hammer toes and pes cavus have been granted a compensable rating of 30% effective March 2, 2013. The hammer toe disability has previously been rated as 10% for each foot from November 2, 2006 to March 1, 2013.

The Board has determined that the Veteran's post-operative residuals of Von Recklinghausen's neurofibromatosis were not incurred in or aggravated by his active duty service.

The Veteran's annual income exceeded the maximum allowable for nonservice-connected pension benefits, thus his claim is denied.

The Board has determined that the appellant's discharge from May 1975 to March 1976 is under dishonorable conditions due to accepting an undesirable discharge to avoid trial by court-martial. As a result, his service period does not qualify him as a veteran for VA compensation benefits.

The Board's decision granting service connection for a mood disorder has been withdrawn, and the motion seeking review of this decision is dismissed without prejudice to refiling.

The Board found no current diagnoses of chest pain, swallowing disorder, or asthenia and thus denied service connection for these conditions.

The Board denied service connection for an acquired psychiatric disorder, including PTSD and panic disorder with agoraphobia. The Veteran's claim was reopened based on new and material evidence but the current diagnoses do not meet the criteria for service connection.

The Veteran's left knee arthritis has been rated at 10 percent since April 2001. The VA examiner found that the Veteran had pain and limited flexion, but full extension of the knee. As a result, he was granted an increased rating to 10 percent.

The Veteran's claims for service connection for a lung disorder other than granulomatous disease of the lungs and heart arrhythmia were denied as there is no current diagnosis of either condition.

The Board has ordered additional development due to incomplete opinions and the need for clarification on whether the Veteran's thoracic scoliosis is a congenital disease or defect. The case will be returned to the AOJ for further review.

The Veteran seeks reimbursement for unauthorized medical expenses incurred on January 9, 2014. The appeal is currently in remand status due to the need for additional evidence and clarification regarding enrollment in VA healthcare system and receipt of care at a VA facility within the previous 24 months.

The Veteran's assistive devices and medications do not produce wear and tear or cause irreparable damage to her clothing, thus she is not entitled to an annual clothing allowance.

The Veteran's right-sided orchialgia does not prevent him from obtaining or maintaining substantially gainful employment, and therefore the criteria for entitlement to TDIU are not satisfied.

The Veteran's appeal is being remanded to afford him additional VA examinations and for further development of his claim related to the residuals of a left zygomatic arch fracture.

The Veteran's claims for service connection for excessive weight gain and a left hip disorder have been denied as the evidence does not support a finding that these conditions are related to service or service-connected disabilities.

The Veteran's residuals of a crush injury to the left hand digits have been granted a noncompensable rating, with separate ratings for each affected digit.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses is denied because he had a health-plan contract with Medicare, which bars VA from paying the expenses.