Other conditions decisions — 2016

The Veteran's appeal is remanded to clarify the calculation of his overpayment of Chapter 33 (Post-9/11 GI Bill) education assistance benefits in the amount of $13,717.31 and to ensure that all relevant evidence has been considered.

The Veteran's current psychiatric disorders, including dysthymia and dependent personality disorder, are not considered to be a result of VA treatment in 1974. The Board found that the Veteran did not receive proper dental care which caused him additional psychological distress.

The Veteran's appeal has been dismissed as the appellant died during the pendency of the appeal, and thus the Board does not have jurisdiction to adjudicate the merits of this case.

The Board has reopened the claim for service connection for the cause of the Veteran's death due to new and material evidence. The Board also finds that service connection is warranted as the amyloidosis was presumed due to herbicide exposure, and the heart condition was aggravated by service-connected PTSD.

The Veteran's bilateral eye disability, manifested by vitreous floaters and presbyopia, is currently rated as 10 percent disabling. The claim for an increased rating for the thoracolumbar spine disability remains pending.

The Board found that the Veteran's bilateral eye disability, including myopia astigmatism and presbyopia, is not service-connected as these are considered congenital or developmental defects. The Board also found no evidence of a chronic eye disorder in service or for many years after service. As such, the claim was denied.

The Veteran's bilateral foot hallux valgus status post metatarsal resection with associated arthritis is currently rated as 10 percent disabling, which represents the maximum schedular rating available. The Board finds that his symptoms do not warrant a higher rating.

The Veteran's service-connected history of herniated nucleus pulpous, L4-L5, has not met the criteria for a rating in excess of 40 percent.

The Veteran's claim for service connection for herpes zoster (shingles) and any residuals was denied as there is no evidence of in-service chickenpox or shingles, and the Board found that the current disability may be due to a pre-existing condition.

The Board has determined that the Veteran's pre-existing left toe disability did not permanently increase in severity during his active service and therefore, he cannot establish service connection for this condition.

The Board has determined that the Veteran does not have a current disability associated with his mandibular torus, and therefore service connection cannot be granted.

The Board denied service connection for shortness of breath and unilateral diaphragmatic palsy, finding that the Veteran's conditions are not due to an undiagnosed illness or a known clinical diagnosis.

The Board has remanded the case for further development due to outstanding VA treatment records.

The Board has determined that there is no evidence of a right groin disability at any time during the appeal period, and therefore service connection for this condition cannot be granted.

The Veteran's claim for service connection for a neurological disorder is being remanded due to incomplete development. The case will be reviewed again after further development regarding exposure to herbicides in Korea, and if applicable, additional medical evidence from Dr. L.

The Board has ordered a supplemental opinion to determine if the Veteran's congenital bipartite patella had any superimposed injury during service, and to assign a rating for this condition.

The Board has determined that the Appellant's discharge from active service was due to willful and persistent misconduct, resulting in a bar to VA benefits.

The Veteran's current bilateral leg disability manifested by shin splints is not related to his in-service stress fractures of the tibia and fibula, as evidenced by VA examinations and medical records.

The Veteran received unauthorized medical expenses for treatment at Summa Health System on September 25, 2014, and September 26, 2014, due to epistaxis. The Board found that VA facilities were not feasibly available and the Veteran's lay statements supported a need for emergency care. As such, payment of or reimbursement for unauthorized medical expenses is granted.

The Board has granted service connection for a bilateral hip disorder as secondary to the Veteran's service-connected low back disorder.