Other conditions decisions — 2016

The Veteran's service-connected dysthymia has been rated at 30 percent since February 10, 2010. The Board has now granted a rating of 50 percent for the period from February 10, 2009.

The Board has determined that the Veteran's neurological disorder manifested by tremors, including lacunar infarcts and conversion disorder, is not related to service or service-connected PTSD. Therefore, service connection for this condition cannot be granted.

The Board denied the Veteran's claims for service connection for various conditions, including a skin disorder affecting multiple body parts, impaired smell and taste, stomach cancer, gallbladder disorder, brain tumor, left eye disorder, and loss of control of muscles in the buttocks. The appeal was decided on the basis that these conditions were not incurred or aggravated by service.

The VA denied the Veteran's claim for service connection for a thoracic tumor, finding that there was no evidence of a current disability and noting that the condition did not manifest during or within one year after service. The Board also found that the Veteran had not provided sufficient medical evidence to establish a nexus between his current condition and service.

The Veteran's left upper extremity lymphedema resulted in persistent edema and pain, warranting a rating of 40 percent.

The Veteran's claim for reimbursement of medical expenses incurred at a private hospital on August 15, 2015 was denied as the treatment appointment was deemed non-emergent and not covered by VA.

The Board has determined that the Veteran's chronic lymphocytic leukemia is at least as likely as not due to his in-service exposure to radiation, and thus service connection for this condition is granted.

The Board has already granted the Veteran's appeal, finding that the overpayment debt in the amount of $10,110.53 was not properly created and therefore not a valid debt. The issue on appeal is now moot.

The Veteran's widow requested a videoconference hearing for her claim, but the hearing was not rescheduled due to an error and she passed away before it could be held. The appellant is now seeking a remand of this matter with scheduling of a Board videoconference hearing.

The Veteran's right thumb partial amputation is rated at a 20 percent rating under the VA Rating Schedule, effective from the date of the decision.

The Veteran's claim of service connection for a heart disability, including atrial fibrillation, is being reopened due to the submission of new and material evidence. The issue will be remanded for further development regarding his exposure to herbicides.

The Board is remanding the case to clarify whether an award of DIC under 38 U.S.C.A. § 1318 is currently in effect, and if so, whether it has been severed and the Appellant was properly informed of her appellate rights associated with such adverse action.

The appeal is being remanded due to the need for a hearing at the Veteran's new address in Atlantic County, New Jersey.

The Board found that the appellant was discharged from active service under dishonorable conditions due to a conviction for murder, which is an offense involving moral turpitude. The appellant's insanity at the time of committing the offense leading to his discharge could prevent such offense from being a bar to VA benefits. However, based on the evidence provided, the Board concluded that the appellant was not insane at the time he committed the offense.

The Board has determined that the Veteran's medical expense report for the calendar year 2011 was timely filed, and thus should be considered in calculating his income during the relevant period.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the nature and etiology of any current bilateral eye disability.

The Veteran's pseudotumor cerebri with headaches is currently rated as noncompensable, and there are no new or material issues to reopen the claim. The Veteran's facial numbness (hemifacial spasm) is not service-connected.

The Veteran's appeal is being remanded to schedule a hearing before the Board due to his request for rescheduling of his previously scheduled hearing.

The Board has determined that the effective dates for the awards of service connection for degenerative joint disease of the right and left knees are April 27, 2004.

The Board found that the Veteran does not have a current ear disability, to include otitis media and eustachian tube dysfunction, as supported by VA examination reports and treatment records. Therefore, service connection for these conditions is denied.