Other conditions decisions — 2016

The Board has determined that the Veteran does not have current residuals of jaw and throat injuries, nor does he have COPD. The claim for service connection is denied.

The Veteran's mother is granted additional compensation as she meets the criteria for dependency based on insufficient income to provide reasonable maintenance.

The Board has determined that the appellant did not continuously cohabitate with the Veteran for over a year prior to his death, and therefore does not qualify as his surviving spouse for eligibility to death benefits.

The Board denied the Veteran's claim for waiver of overpayment of pension benefits, finding that recovery would not be against equity and good conscience due to fault on the part of the Veteran in failing to report income.

The Veteran's unauthorized medical expenses incurred at The Villages Regional Hospital on April 2, 2011 were not authorized in advance by VA and do not meet the statutory requirements for payment or reimbursement under 38 U.S.C.A. § 1728.

The Veteran's dysthymic disorder was manifested by daily emptiness, depressed mood, lack of interest, and restlessness. The disability worsened over time with intermittent inability to perform activities of daily living.

The Board denied the Veteran's claim for service connection for ADHD, finding that it pre-existed service and was not aggravated by active duty. The Board also found that ADHD is not proximately due to or aggravated by a service-connected disability.

The Board has determined that the overpayment of VA disability compensation benefits was not properly created due to the Veteran's status as a fugitive felon, and therefore, the benefits for his periods of incarceration must be restored.

The Veteran's right elbow disability is characterized by painful range of motion, with full extension and flexion at worst limited to 103 degrees. The Board finds that the criteria for a higher rating have not been met.

The Board found that the Veteran does not have a right hand disability that was caused by his service or a service-connected condition, and therefore denied his claim for service connection.

The Veteran's claim for service connection for arthritis right hip was denied as the evidence did not show a current disability or link to service. The issue of reopening his cervical spine disorder claim is also denied.

The Veteran's service-connected residuals of lymphadenopathy of the left inguinal area do not warrant a compensable disability rating under VA's rating criteria.,With reasonable doubt resolved in favor of the Veteran, he is entitled to TDIU due to his service-connected disabilities.

The Veteran's application for nonservice-connected pension was denied because he did not have qualifying service to meet the requirements for VA pension benefits.

The Board found that the Veteran's current bilateral heel/Achilles disability did not manifest during or as a result of his military service and thus denied his claim for service connection.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining new opinions from a VA vocational specialist and reviewing his Vocational Rehabilitation and Employment services folder.

The Board has determined that the Veteran does not have a current disability of residuals of venereal disease, and thus cannot establish service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling a VA examination to assess the severity of his residuals of shell fragment wound of the back with spondylosis.

The Veteran is seeking service connection for Barrett's esophagitis, which he claims is related to his military service and specifically to herbicide exposure. The Board has determined that a remand is necessary as the current examination report does not address whether the condition may be secondary to PTSD, depression, or anxiety disorder.

The Board denied the Veteran's claim for an earlier effective date of March 20, 1995 for his delusional disorder based on a February 1990 rating decision. The Board found that there was no CUE in this decision.

The Board has determined that the Appellant did not have a mixed connective tissue disease during her period of active duty, ACDUTRA, or federalized service with the National Guard. Therefore, she is denied service connection for this condition.