Other conditions decisions — 2016

The Board found that the Veteran's overpayment of $13,814.80 was not validly created due to investigations revealing a fraud scheme perpetuated by 60 Veterans enrolled at RMTU.

The Board found that the Veteran's squamous cell carcinoma of the right tonsil did not have its onset during service, was not caused by his military service, and is not related to herbicide exposure. As a result, the claim for service connection was denied.

The Veteran's appeal is being remanded to schedule a Board hearing due to her withdrawal of previous requests and the need for further development.

The Veteran's skin disability is being remanded for additional examination and opinion to determine if it was incurred in service or due to his diabetes mellitus, type II.

The Board has not received new and material evidence to reopen the claim for service connection for Hodgkin's disease as secondary to exposure to herbicides. The Veteran submitted information about his time at Korat Air Force Base, but this does not meet the criteria for new and material evidence.

The Veteran's claim for an earlier effective date for additional compensation benefits for his spouse was denied. The Board found that the proof of dependent status was not received within one year of the November 2004 rating decision, which established initial eligibility to compensation for dependents.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the Veteran for purposes of VA death benefits.

The case is being remanded for scheduling a hearing before a Veterans Law Judge at the RO. The appellant and her representative will be notified of the time and place to report.

The Board has remanded the case for additional development to obtain a VA medical opinion regarding the etiology of the Veteran's thoracolumbar spine disorders and their relationship to service or service-connected conditions.

The Veteran's appeal was denied as he did not have standing to file a notice of disagreement and appeal regarding the effective date of an apportionment decision, given his incarceration.

The Board found that the Veteran's left eye disabilities, including refractive amblyopia and nuclear sclerosis, are not service-connected as they were due to age-related changes rather than any in-service injury or disease.

The Veteran's peritoneal adhesions are rated at 20 percent under Diagnostic Code 7301, effective May 2, 1997.

The Veteran's appeal is being remanded to obtain a VA examination for his service-connected spinal stenosis L4-5, L5-S1 and left lower extremity sensory impairment. The issues of entitlement to increased ratings are also being remanded.

The Veteran's claim for retroactive dependency benefits for his daughter A.H. due to school attendance is denied as the application was not filed within one year of her 18th birthday or the commencement of her course of study.

The Veteran's postoperative fundoplication results in esophageal stricture, permitting only liquid passage. This significantly impacts her ability to eat and causes marked impairment of general health.

The Board found that the Veteran's left hand fifth metacarpal disability has primarily been manifested by pain of varying levels depending on weather and extent of use, with no loss of use or amputation. The current noncompensable rating is appropriate as there are no compensable ratings for limitation of motion or ankylosis under applicable diagnostic codes.

The Veteran's claim for service connection of a disorder manifested by numbness of the feet is being remanded due to the need for a VA examination and additional development, including obtaining relevant treatment records.

The Veteran's appeal is being remanded for additional development to ensure a complete record upon which to decide his claim of entitlement to an initial rating in excess of 10 percent for narcolepsy without cataplexy (also claimed as idiopathic hypersomnia).

The Board has remanded the case for additional development, including obtaining an examination and opinion regarding a deviated nasal septum, evaluating PTSD, and obtaining records related to a December 1974 septoplasty surgery. The Veteran's claims are being returned to the AOJ for further action.

The Veteran's claims for reimbursement of emergency room services provided at Smith Northview Hospital on December 27, 2012 and January 29, 2013 were denied as the claims were not filed within the required two-year period from the date of service.