Other conditions decisions — 2016

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling an orthopedic examination to assess the severity of the Veteran's lumbar spine disability.

The Board found that the appellant's net worth prior to July 2012 was a bar to payment of VA improved death pension benefits, and thus denied her claim.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for a mental disability, resulting in a denial of reopening.

The Veteran's appeal has been dismissed due to his death.

The Veteran's claim for service connection for a right upper extremity disability, including right cubital tunnel syndrome, is being remanded due to the need for additional medical examination and development of records.

The Veteran's appeal is being remanded due to scheduling issues for a Board videoconference hearing. The current rating of 20 percent for his service-connected condition remains unchanged.

The Board has determined that the Veteran does not have a current diagnosis of B-cell/hairy cell leukemia, and thus, service connection for this condition is denied.

The Board found that there is no evidence of a chronic respiratory disorder during service, and the Veteran's current pulmonary disorder did not have onset during active service. The claim for service connection was denied as there was insufficient medical evidence to establish a causal relationship between the current condition and service.

The Veteran's service-connected bilateral keratoconus is currently rated as noncompensable due to her corrected visual acuity of 20/40 or better in both eyes, which does not meet the criteria for a compensable rating.

The Veteran's appeal was dismissed because the appellant died during the pendency of the appeal.

The Veteran's right hip dislocation is not considered a result of VA care, and the Board finds that he did not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for an increased rating for his service-connected left tibia stress fracture is being remanded due to the need for a new examination and additional medical records.

The Board denied the appellant's claim for accrued benefits as she did not meet the eligibility requirements to be considered a child of the Veteran under VA regulations.

The Veteran's service-connected residuals of a right leg shrapnel wound injury to Muscle Groups XI and XII are rated at 30 percent, the maximum available rating under Diagnostic Code 5312.

The Veteran's service connection claim for a dental disability for compensation purposes is denied. However, the Board finds that he meets the requirements for class IIa eligibility for VA outpatient dental treatment.

The Board denied the Appellant's claim for Post-9/10 GI Bill educational assistance benefits as she did not have qualifying active duty service, specifically due to her NROTC scholarship which obligated 1,461 days of service.

The Board denied the Veteran's request for waiver of recovery of an overpayment of VA educational assistance benefits, finding that his application included a material misrepresentation and he acted in bad faith.

The Veteran's bilateral dry eye syndrome has been manifested by dry, itchy, and red eyes at all times during the pendency of the appeal. The criteria for an initial rating of 10 percent have been met for the entire period on appeal.

The Board has determined that the Veteran's ulcerative colitis is at least as likely as not aggravated by his service-connected PTSD, and therefore grants service connection for ulcerative colitis.

The Veteran does not have additional disability resulting from VA's delay in communicating and treating his diagnosis of prostatic adenocarcinoma. The Board finds that the causation requirements under 38 C.F.R. § 3.361 are not met.