Other conditions decisions — 2016

The Veteran's claim for an increased rating for his service-connected McArdle's disease is being remanded due to the need for a new VA examination to assess the current severity of his condition.

The Veteran's claim for service connection for diverticulitis, to include as secondary to a hiatal hernia, is being remanded due to the need for an examination and opinion regarding the etiology of his condition.

The Veteran's claim for an initial compensable rating prior to August 19, 2013 and in excess of 10 percent from that date for herpes simplex virus II is being remanded due to the need to apply both old and new rating criteria. The AOJ should also obtain any additional medical records and provide the Veteran with an opportunity to identify healthcare providers who have treated him since the March 2014 supplemental statement of the case.

The Board has decided to remand the case for further development due to insufficient evidence on file regarding the etiology of the Veteran's left eye disability.

The Board found that the Veteran had unreported earned income from January 2007 forward, which led to a reduction in his pension benefits effective February 1, 2007. The decision was granted as the reduction was proper based on the Veteran's failure to report this income.

The Board has determined that a new VA opinion is necessary to determine if the Veteran's diagnosed Acute Myelogenous Leukemia (AML) is etiologically related to active service, including exposure to herbicide agents, on a direct basis. Additionally, the RO must obtain and associate with the claims file the Veteran's complete Social Security records.

The Board denied the Veteran's request to reopen his claim for service connection for a right eye disability, finding that new and material evidence had not been received.

The Board has decided that the Veteran's Vocational Rehabilitation & Employment (VRE) claims folder is not available and needs to be reconstructed. The case is being returned to the agency of original jurisdiction for further action.

The Veteran's service-connected chronic neuritis of the left saphenous nerve has been manifested by hypersensitivity and pain, but no functional loss. The Board finds that this does not meet the criteria for a compensable rating.

The Veteran's Raynaud's syndrome was not shown to be related to his service, and the Board found that it did not fall under any presumptive provisions. The VA examiner opined that the condition is less likely than not due to in-service exposure.

The Veteran's compression fracture at T7, disc protrusions L3-L4, and right L1/L2 nerve root schwannoma resulted in a 20 percent rating since August 14, 2012. Her radiculopathy of the right lower extremity was rated as 10 percent prior to this date.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Board finds that the overpayment of SMC benefits for aid and attendance is valid due to the Veteran's hospitalization at VA facilities or funded by government expense, but also finds that repayment would defeat the purpose of the award of benefits as his current benefits were not used. The Board grants a waiver of the debt.

The Veteran's multiple perianal fistulae is currently rated at 60 percent since June 5, 2014. The Board finds that the evidence does not support a higher rating.

The Board found that the discontinuance of SMC for aid and attendance was proper as it followed VA regulations regarding hospitalization at VA facilities or paid for by the U.S. government.

The Board has remanded the case for scheduling a Travel Board hearing at the RO before a Veterans Law Judge.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's pituitary gland adenoma had its onset during active duty service, and thus grants service connection for residuals of a pituitary gland adenoma.

The Veteran's left eye disability is rated at 80 percent effective July 13, 2015. The Veteran has been found unable to secure and follow a substantially gainful occupation due to his service-connected left eye disability.

The Board has denied the Veteran's claim for service connection for a right hip disability, finding that it is not etiologically related to service and is not proximately due to or aggravated by her service-connected thoracolumbar spine condition.

The Veteran's appeal is being remanded for additional development, including consideration of new evidence and the issue of entitlement to a total disability rating based on individual unemployability.