Other conditions decisions — 2016

The Board found that the Veteran's status post left clavicular fracture disability does not present an exceptional or unusual case as to render impractical the application of the regular schedular standards, and thus denied referral for extraschedular consideration.

The Board denied the appellant's claim for non-service connected death pension benefits due to her failure to provide necessary financial information, including income and net worth details.

The Board has determined that the criteria for restoration of a 30% rating for sleep disorder due to chronic pain, insomnia type, from October 31, 2012, to January 27, 2013 have been met.

The Veteran's claim for an increased rating for venous insufficiency of the left lower extremity is being remanded due to inadequate examination and treatment records.

The Veteran's claims for an increased evaluation and TDIU are being remanded due to the need for additional development, including a new VA examination.

The Board denied service connection for the cause of the Veteran's death, finding that amyloidosis was not related to service or exposure to Agent Orange.

The Veteran's service-connected narcolepsy was not permanently and totally disabling prior to March 7, 2007. Therefore, the claim for an earlier effective date is denied.

The Board has remanded the case to the AOJ for referral of the extraschedular rating claim to the VA Under Secretary for Benefits or the Director, Compensation and Pension Service. The case is also remanded for issuance of a supplemental statement of the case if the benefit sought is not granted in full.

The Veteran's appeal has been dismissed as he withdrew his appeal in March 2016.

The Board has granted a claim for an earlier effective date of January [redacted], 2007, for the resumption of compensation at the full rate due to release from incarceration. The Veteran was released to a halfway house on that date and his entitlement is limited to the amount of full benefits not previously paid during the period from January [redacted], 2007, to July [redacted], 2007.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal as he has passed away.

The Veteran's appeal was dismissed due to his death, and no disability rating is assigned.

The Veteran's emergency ambulance services provided by Mercy Flights Inc. (MFI) of Medford, Oregon on January 21, 2014 were found to be authorized under the applicable regulations due to an initial assessment at a private hospital emergency room being in an emergency situation.

The Board found that the Veteran's overpayment was not valid and waived repayment, resulting in a $65,464.00 collection from his disability compensation to repay the debt. The Appellant is entitled to 20% of this amount as attorney fees.

The Board found that the March 1989 RO decision denying entitlement to service connection for a bilateral foot disorder was subsumed by the March 1990 Board decision, and thus dismissed without prejudice the Veteran's claim of CUE in the March 1989 rating decision.

The Veteran's gynecological disabilities, including menorrhagia and uterine fibroids, are found to be related to her active duty service. The Board grants service connection for these conditions.

The Board finds that the Veteran's liver disorder is not related to his service or any medication used for his service-connected disabilities, and thus denies the claim.

The Veteran's death was caused by hypopharyngeal squamous cell carcinoma, which is presumed to be related to his service in Vietnam. The Board found that the cancer originated in the larynx and thus qualifies as an herbicide-presumptive disease.

The Board has determined that the Veteran does not have a neurological disability involving the right lower extremity, and therefore service connection for this condition is denied.

The Board has determined that the Veteran's cause of death, interstitial pulmonary fibrosis and ruptured abdominal aneurysm, was not caused or aggravated by his service-connected bronchial asthma. The preexisting condition was found to be aggravated during service but is not considered a contributing factor to death.