Other conditions decisions — 2016

The Board finds that the Veteran's current back pain and memory loss are related to his military service, with Dr. Adams' opinions providing sufficient evidence to support this conclusion.

The Board has determined that the Veteran's eye disorder, specifically residuals of ocular histoplasmosis with retinitis, is at least as likely as not related to his active service. The skin disability claim for foot fungus was denied due to lack of probative evidence relating current symptoms to service.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a psychiatric disability, initially claimed as PTSD. The Veteran's dyssomnia, not otherwise specified, is at least as likely as not related to his military experiences.

The Board has determined that the Veteran's bilateral foot pain, including metatarsalgia with calcaneal spur and mild hallux valgus deformity of the left foot, had its onset during service. Service connection is granted.

The Veteran has withdrawn his appeal for service connection for bilateral leg pain.

The Board is remanding the case to allow for a thorough investigation of D.B. and the appellant's sister as potential fiduciaries, considering all relevant factors outlined in VA regulations.

The Board finds that the appellant is not entitled to recognition as the surviving spouse of the Veteran for purposes of VA benefits due to a lack of continuous cohabitation from the date of marriage to the date of death.

The Veteran's right eye disability, including cataract and loss of vision, is being remanded for further examination to determine its etiology. The issue also includes whether the current condition is secondary to a service-connected left eye disability.

The Veteran's request for waiver of recovery of an overpayment of VA education benefits in the calculated amount of $6,557.68 is deemed timely as VA sent written notice of the debt to his prior address of record and he was thereby not informed of the overpayment within 180 days of the date of the written notice.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at a non-VA facility was denied as the claim was not filed within 90 days after discharge and there were no third-party claims made.

The Board finds that the Veteran's claim for nonservice-connected pension was first filed on March 9, 2012. The award of benefits is therefore effective as of that date.

The Board has determined that the Veteran's low back disorder was not incurred or aggravated by service and is not related to any in-service injury. As a result, the claim for service connection is denied.

The Board has determined that the Veteran's service-connected PTSD caused or contributed substantially to his death due to hepatocellular carcinoma, granting service connection for cause of death.

The Veteran's claims for nonservice-connected disability pension benefits and special monthly pension were denied as he did not meet the service requirements or have any compensably rated service-connected disabilities.

The Veteran's appeal has been withdrawn by the Veteran prior to a decision being made.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications from a surgical procedure performed in August 2003 at the Indianapolis VA Medical Center, but the case has been remanded due to incomplete records.

The Veteran's ulcerative colitis with erosive esophagitis has been rated at 30 percent since the initial rating decision. The Board found that the condition, while causing some symptoms such as frequent diarrhea and abdominal pain, did not meet the criteria for a higher rating due to lack of severe impairment of health.

The Veteran's back disability has been rated at 40 percent for many years, but the Board found that his current symptoms do not warrant a higher rating.

The Board has remanded the increased rating claim for a back disability and the TDIU issue due to incomplete development. The case must be returned to the agency of original jurisdiction after obtaining updated VA treatment records.

The Board has granted service connection for hemoglobin C disorder but the Veteran asserts he also has anemia. The case is being remanded to determine if the Veteran currently has a diagnosis of anemia and whether it is related to his hemoglobin C disorder.