Other conditions decisions — 2017

The Board has determined that the Veteran does not have a current diagnosis of a gastrointestinal condition and therefore, service connection for this disability is denied.

The Board denied the appellant's appeal, finding that his discharge from service was due to willful and persistent misconduct, which is considered a bar to VA benefits.

The Veteran's unauthorized medical expenses for a service-connected condition were reimbursed as the treatment was deemed necessary due to an emergent situation.

The Board has determined that there is no competent evidence relating any diagnosed chronic UTIs to service or to a service-connected condition, including benign prostatic hyperplasia (BPH). Therefore, the claim for service connection for chronic UTIs is denied.

The Board has determined that there is no evidence of HIV during the Veteran's active service, and thus cannot grant service connection for HIV. The earliest diagnosis was in July 1989, which occurred after the Veteran had already been diagnosed with HIV.

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

The Board finds that the appellant does not have any form and/or manifestation of spina bifida except for spina bifida occulta, which is specifically excluded from compensation benefits under 38 U.S.C.A. § 1805.

The Veteran's appeal was dismissed due to the death of the appellant.

The Veteran's claim for service connection for residuals of a spinal cord injury, to include cauda equina syndrome, was reopened and granted. The Veteran is also awarded an increased rating for PTSD to 70 percent prior to November 9, 2011, and TDIU prior to March 1, 2016.

The Board finds that the termination of VA benefits for the period from August 21, 2007 to June 11, 2008 was not proper as the Veteran was not a fugitive felon during this time.

The Board denied reopening the claim for service connection for a back disability because new and material evidence had not been submitted. The Veteran's statements regarding his back injury in service were similar to those he provided previously, and there is no new competent evidence indicating that the current back disability was incurred or aggravated in service.

The Veteran's claim for service connection for a right hand disability is being remanded due to the need for additional VA examinations and consideration of new evidence.

The Board has determined that the reduction of the disability rating for prostatitis from 10% to 0% was proper. The Veteran's service-connected prostatitis is no longer considered active, and his urinary symptoms are now attributed to nonservice-connected benign prostatic hypertrophy (BPH).

The Board has decided the Veteran's appeal and has ordered additional development to be completed, including obtaining clinical records from Kaiserslautern, Germany, personnel records, and a VA examination for her right foot disability. The Veteran is entitled to service connection if it can be determined that her current right foot disability is related to her active duty service.

The Board has determined that the Veteran's crystal deposition disease in the mediastinal area, which was diagnosed after a sternotomy during active military service, is related to his time in service and grants service connection for this condition.

The Board has found that further development is needed to verify the Veteran's exposure to herbicides and determine if his death was related to any service-connected conditions. The case is REMANDED for these purposes.

The Veteran's representative withdrew the appeal before a decision was made, thus the case is dismissed.

The Board has determined that the Veteran's thoracic spine disability warrants a rating of 10 percent prior to March 28, 2017.

The Veteran's daughter is over 18 and not between the ages of 18 and 23 pursuing a course of instruction at an approved educational institution. The marriage was terminated by divorce, which does not affect her eligibility for helpless child benefits as she did not meet the legal criteria due to her marriage being terminated after November 1, 1990.

The Board finds that the reduction of the appellant's VA compensation due to his incarceration is proper, as he was convicted of multiple felonies and incarcerated for at least two consecutive fifteen-year terms. The reduction was effective on the 61st day following his incarceration.