Other conditions decisions — 2016

The Board has granted service connection for beta thalassemia minor and assigned a 30 percent rating effective from the date of claim, May 24, 2005. The Veteran's hallux valgus is rated at 10 percent.

The Veteran's duodenal ulcer resulted in continuous moderate manifestations, including gnawing or burning abdominal pain and constant constipation since February 24, 2005. The Board granted a 20 percent rating for the disability as of that date.

The Veteran's HOCM has not met the criteria for a higher initial disability rating beyond 30 percent, as his symptoms do not warrant a workload of greater than 5 METs or left ventricular ejection fraction below 30 percent.

The Board has remanded the case due to insufficient information regarding whether VA was paying for or providing hospice care, which is necessary to determine eligibility for non-service connected burial benefits.

The Veteran's proctitis is rated at a 60 percent since October 5, 2015. The Board granted this rating based on the evidence showing extensive leakage and fairly frequent involuntary bowel movements.

The Board has remanded the case for further development, including an eye/vision examination and a determination of whether any current eye disability is related to service or exposure to environmental hazards in the Gulf War.

The Board found that the Veteran's nerve injury resulted in moderate incomplete paralysis, which warranted a 30 percent evaluation.

The Veteran's right thumb disability is currently rated as 10 percent disabling due to limited motion and pain. The Board finds that the evidence does not support a higher rating based on additional functional loss or range of motion during flare-ups.

The Board has determined that there is no evidence linking the Veteran's numbness and pricking sensations in the upper and lower extremities to his active duty service or any service-connected disability.

The Board denied a refund of contributions to the Post-Vietnam Era Veterans' Education Assistance Program (VEAP) as there was no evidence that the appellant received the refund check issued in August 1982, which was properly addressed and not returned.

The Veteran's son is not eligible for Dependents' Educational Assistance (DEA) under Chapter 35, Title 38, United States Code due to the child reaching their 26th birthday prior to the effective date of the permanent and total disability rating.

The Board has reopened the Veteran's claim for service connection for residuals of cold injuries to his feet and finds that these conditions are caused by in-service exposure to cold weather. The Board grants service connection for degenerative joint disease, cold intolerance, varicosities, and paresthesias of the feet.

The Board has determined that the Veteran's service-connected conditions do not warrant a rating higher than 10 percent in any of the affected areas.

The Board has ordered additional development due to the need for updated VA treatment records and a medical examination. The Veteran is seeking service connection for a respiratory disorder, specifically pneumonia.

The Board found that the overpayment of $2,984 was valid and denied a waiver due to fault on both sides. However, it concluded that repayment would not be against equity and good conscience as it would result in unfair gain to the Veteran.

The appeal is currently in abeyance due to the need for additional development regarding the Veteran's service-connected feet. The TDIU claim will be reconsidered after this development.

The Board has granted a 50 percent rating for the Veteran's post-operative left ulnar nerve transplant disability, which is the maximum schedular rating available under Diagnostic Code 8516. The Veteran's symptoms have been characterized as complete paralysis of the ulnar nerve affecting his non-dominant hand.

The Board denied the Veteran's claims for service connection for Patent Foramen Ovale (PFO) and an enlarged pulmonary artery, finding that there is no evidence of a causal relationship between these conditions and his active service or any service-connected disabilities.

The Veteran's appeal for an annual clothing allowance for the year 2013 has been dismissed due to his death.

The Veteran requested and withdrew his appeal regarding the entitlement to nonservice connected pension benefits. The Board has dismissed the appeal due to this withdrawal.