Other conditions decisions — 2016

The Veteran's appeal for increased evaluations for chronic prostatitis was dismissed as he withdrew his appeal prior to the Board issuing a decision.

The Veteran's appeal is being remanded for further development, including a new VA eye examination and the obtaining of any outstanding VA treatment records.

The appellant has withdrawn her appeal for death benefits, including service connection for cause of death, death pension and accrued benefits.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the current level of severity of his right heel disability.

The Board has remanded the case due to incomplete examination and insufficient evidence to support the Veteran's claims for service connection for PTSD and dysthymic disorder. Additional development is needed, including verification of stressors and obtaining VA treatment records.

The Board has reopened the Veteran's claim for service connection of a left hip disorder and finds that it was aggravated by active service. The Veteran is therefore entitled to service connection.

The Veteran's CLL is presumed to have been incurred in service due to herbicide exposure during his time stationed at Ubon Royal Thai Air Force Base (RTAFB). The Board granted the claim based on this presumption.

The Veteran withdrew the appeal for both issues of entitlement to a certificate of eligibility for assistance in acquiring specially adapted housing and entitlement to a certificate of eligibility for assistance in acquiring a special home adaptation grant.

The Veteran's unauthorized medical services provided on July 5, 2012 were for a condition of such nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous. The VA or other Federal facility was not feasibly available and an attempt to use such provider beforehand would not have been considered reasonable by a prudent layperson.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a low back disorder. After considering all the evidence, including STRs showing multiple instances of low back pain and injuries during service, as well as post-service treatment records, the Board finds that there is an equipoise of evidence regarding whether the Veteran's current low back condition is related to his military service. Therefore, the claim for service connection is granted.

The Board denied service connection for the Veteran's throat cancer and speech pathology, finding that there was not enough evidence to support a link between his military service and these conditions.

The Veteran's current insomnia is related to his military service, and the Board has granted service connection for this disability.

The Board found that the overpayment was validly created due to VA's failure to promptly stop Veteran's VA benefits upon his notification of active duty status. The creation of the overpayment did not involve fraud, misrepresentation or bad faith on the part of the Veteran. Waiver of recovery is granted as repayment would result in financial hardship and defeat the purpose of VA compensation benefits.

The Board denied the Veteran's claim for service connection for esophageal cancer, finding no evidence of a link between the condition and his military service or presumed herbicide exposure.

The Board has determined that the Veteran's nasal disability warrants a 10 percent rating, effective January 26, 2010.

The Veteran's PVD in both lower extremities has been rated at 40 percent since June 5, 2014.

The Veteran's claim for service connection for fever, chills, joint pain, tension and fatigue due to an undiagnosed illness is being remanded as the VA examination was not completed.

The Veteran's claim for service connection for a dental disorder is denied as there is no evidence of in-service trauma or disease resulting in the extraction of his teeth. The Board finds that the Veteran has not presented any competent evidence of a current disability related to his past tooth extractions.

The Board has determined that the Veteran's currently diagnosed schizoaffective disorder had its onset during active service and grants his claim for service connection.

The Veteran's service-connected left inguinal hernia is manifested by pain and discomfort with no evidence of paralysis, resulting in disability comparable to no more than moderate incomplete paralysis of the left ilio-inguinal nerve. The criteria for a higher rating have not been met.