Other conditions decisions — 2016

The Veteran seeks service connection for a psychiatric disorder, specifically panic disorder with agoraphobia. The Board has determined that additional development is needed to clarify the nature and onset of his symptoms during active duty.

The Board has determined that additional development is needed to verify the Veteran's exposure to herbicides, asbestos, and other chemicals during service. The case will be remanded for this purpose.

The Veteran's degenerative joint disease of the lumbar spine is currently rated at 10 percent, which is the maximum schedular rating available under VA guidelines. The Board finds that this evaluation adequately reflects the severity and symptomatology of his disability.

The Board has granted a partial waiver of recovery for the overpayment, waiving $10,813.45 and leaving the Veteran responsible for $3,604.48.

The Veteran's lung nodules and rash are being remanded for additional examinations to determine their etiology. His hearing loss is also being remanded for a new examination to assess its current severity.

The Board found that the Veteran's arrest warrant was valid and he was a fugitive felon during the period from August 13, 2007 to June 24, 2008. The resulting overpayment of $25,994.97 is considered valid, but recovery would not violate equity and good conscience.

The Board has determined that the Veteran's varicose veins do not meet the criteria for a compensable rating under Diagnostic Code 7120, as they are asymptomatic and visible. Therefore, an initial compensable rating is denied.

The Board found that the Veteran does not have a current diagnosis of a nervous condition and therefore denied his claim for service connection.

The appellant's claim for VA educational assistance benefits as part of the Veterans Retraining Assistance Program (VRAP) is being remanded due to a requested hearing not having been conducted.

The Board has ordered additional development to determine the correct amount of books and supplies charges for the Veteran's August 2013 to December 2013 term, as there is inconsistent evidence in the record. The benefits sought will be addressed after this determination.

The Veteran's service-connected cold injuries of the bilateral upper and lower extremities meet the schedular criteria for a TDIU, as his combined disability rating is 80 percent. The Board finds that he is unable to obtain and maintain substantially gainful employment due to his inability to use computers required in his former profession.

The Board has determined that the appellant remarried after the Veteran's death, and therefore does not meet the legal criteria for surviving spouse status.

The Veteran's trauma disorder has been characterized by occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily. The Board found that a rating in excess of 30 percent prior to May 2015 is not warranted.

The Board found that there is no evidence of a nexus between the Veteran's hallux valgus and his active duty service, and therefore denied the claim for service connection.

The Veteran's ichthyosis vulgaris, which is also diagnosed as or closely associated with dermatitis, has been rated at 60 percent effective December 3, 2012. The claim for a rating greater than 30 percent prior to that date was denied.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has remanded the case for additional development, including scheduling a hearing at the RO before a Veterans Law Judge.

The Board found that the Veteran's appeal was timely filed and that the reduction in his disability rating for pleural disease from 60 percent to 30 percent, effective February 1, 2013, was not proper. The decision also noted that discontinuation of TDIU and DEA benefits was not proper.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence linking his in-service conditions to his death.

The Board has determined that the Veteran's right and left leg disabilities, diagnosed as muscle group XI lower leg strain, are etiologically related to active service. As a result, the claims for service connection have been granted.