Other conditions decisions — 2016

The Appellant has withdrawn her appeal regarding the issue of entitlement to an earlier effective date for the grant of DIC benefits.

The Board found that the appellant's current neck disorder is not related to his period of ACDUTRA in January 1985 and does not have a direct connection with service. The claim for service connection was therefore denied.

The Board has remanded the case for additional development, including obtaining VA and non-VA treatment records, scheduling a VA examination, and readjudicating the claim.

The Veteran's ovarian cancer originated during her active service, and the Board has determined that she is entitled to service connection for residuals of ovarian cancer.

The Board has remanded the case for a VA examination to determine if any currently or previously diagnosed right elbow disorder was incurred in service, and to provide an opinion on whether such disorders are related to service.

For the entire period on appeal, the Veteran's hallux valgus deformity of the left foot with hammertoe on the second digit results in moderate impairment without more severe manifestations.,For the entire period on appeal, the Veteran's hallux valgus deformity of the right foot with hammertoes results in moderate impairment without more severe manifestations.

The Veteran's sensory loss of the left median nerve, status post laceration, has been manifested by no more than severe incomplete paralysis and asymptomatic scarring. The current severity does not warrant a higher rating.

The Veteran is currently diagnosed with gliosis of the optic nerve in her left eye, which she incurred during service. The Board finds that this condition was incurred or aggravated by service and grants service connection.

The Board has remanded the case for further development, including scheduling a hearing before the Board. The Veteran's appeal is currently in a pending status.

The Board has determined that service connection for the cause of the Veteran's death is not warranted as his underlying causes of death (aspiration pneumonia, decompensated chronic liver disease, metabolic encephalopathy, and myocardial infarction) are not shown to be related to his service or any service-connected disability.

The Board has ordered a remand for the Veteran to be scheduled for a VA examination to determine the current level of severity of his service-connected right hand disability. The claim is being returned to the RO/AMC for further development and adjudication.

The Veteran's adjustment disorder with depressed mood is currently rated at 70 percent, effective August 15, 2015. The claim for service connection for a low back disorder remains pending.

The Board has remanded the case due to incomplete service records and a need for further medical opinions. The Veteran's claim of entitlement to service connection for residuals of a cold injury remains pending.

The Board finds that the Veteran did not die while hospitalized by VA in a non-VA facility, and therefore does not meet the criteria for non-service-connected burial benefits.

The Board denied higher ratings for knee instability and degenerative joint disease of the knees, finding no clinically-defined instability despite subjective complaints.

The Veteran's irrevocable election for education benefits under the Post-9/11 GI Bill program (Chapter 33) in lieu of benefits under the Montgomery GI Bill (MGIB) program (Chapter 30), thereby limiting his entitlement to Post-9/11-GI Bill benefits to 27 days, was not made. The appeal is granted.

The Veteran's claim for a higher disability evaluation for his left knee retropatellar syndrome and arthritis is being remanded due to the need for a new examination to assess current severity, as well as potential referral to the Director of VA Compensation Service for consideration of an extraschedular rating based on marked interference with employment.

The Veteran's claim for increased rating of his right thumb condition is being remanded due to the failure to schedule a hearing before a Veterans' Law Judge (VLJ).

The Veteran's overpayment of VA pension benefits was waived due to financial hardship and the fault of the Department of Veterans Affairs in failing to promptly address his notification of SSA income.

The Board has determined that the Veteran's competency to handle VA benefits funds needs further clarification and thus remands the case for a new examination.