Other conditions decisions — 2016

The Board has determined that the appellant's service does not constitute veteran status for VA benefits purposes and therefore, his claim is denied.

The Board has remanded the case for further development due to a need for additional medical examination and testing.

The Veteran's timely Notice of Disagreement (NOD) was filed as to the July 2013 determination granting an apportionment of his compensation benefits, which was found to be timely by the Board. The case is now remanded for issuance of a Statement of the Case on this issue.

The Veteran contends that he developed a rupture of the left biceps tendon with muscle drop as a result of VA physical therapy following a July 2007 subacromial steroid injection in his left shoulder. The Board finds that an additional VA examination and opinion is needed to determine if the Veteran's condition was caused by or became worse due to VA treatment.

The Board has reopened the Veteran's claims for service connection for an injured ear drum and a fractured nose, but denied both claims as there is no evidence of in-service injury or disease.,Service connection was not established because there is no medical evidence linking current ear drum or nose conditions to service.

The Board has determined that the Veteran's service-connected hiatal hernia residuals with reflux have not produced significant weight loss, anemia, or malnutrition. The disability is primarily manifested by recurrent regurgitation and shoulder pain.

The Board has determined that the overpayment of educational assistance benefits in the amount of $1,991.46 was properly created and denied the Veteran's request for waiver of recovery.

The Veteran's emergency room visit at South Seminole Hospital was approved for reimbursement as it met the criteria for emergency medical treatment due to non-service connected disabilities.

The Veteran's service connection claim for Achilles tendonitis of the right foot is denied as there is no evidence that his current condition is related to his military service.

The Board has remanded the case for further development to determine if the Veteran was exposed to herbicides or contaminated water at Camp Lejeune, and to clarify his service in Vietnam. The claim will be readjudicated after this additional development.

The Veteran's appeal is being remanded due to the need for further development regarding his hand condition, including a possible diagnosis of intermittent neuropathy related to his service-connected fracture.

The Board has remanded the case for a new VA examination to determine the current severity of the Veteran's respiratory disorder and whether he requires continual medication. The TDIU claim is also being remanded as it is intertwined with the increased rating claim.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his right elbow tendonitis during flare-up periods.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining updated VA treatment records and scheduling him for examinations to assess his service-connected disabilities and determine the nature and etiology of any bilateral eye disability. The case will be returned to the Board after this development.

The Board has determined that the termination of TDIU for the period from February 1, 2006 to February 1, 2007 was improper and restored the TDIU.

The Board has granted service connection for the Veteran's right collar bone fracture and assigned a 10 percent rating, effective from the date of his claim.

The Veteran's erythrocytosis of undetermined etiology and anemia are currently rated at 10 percent, but the Board finds that these conditions do not warrant a higher rating as they do not meet the criteria for a higher evaluation under VA's Rating Schedule.

The Board denied the Veteran's claim for service connection for squamous cell carcinoma of the right tonsil, finding that it was less likely than not caused by herbicide exposure during his service in Vietnam.

The Veteran's hysterectomy is found to be related to her service-connected fibroid uterus and anemia.,Hypothyroidism is currently rated at 30 percent, but the Veteran contends for a higher rating based on additional symptoms.

The Veteran's death was caused by coronary arteriosclerosis, which is presumed to have been incurred during his service in Vietnam. Therefore, the cause of death meets the criteria for service connection and burial benefits are granted.