Other conditions decisions — 2017

The Board has remanded the case due to inconsistencies in the July 2012 VA examination and a need for additional development, including obtaining private treatment records from the Veteran's 'regular home doctor' in 1968.

The Veteran's service-connected gastrointestinal disability, including duodenal ulcers with Barret's esophagus and hiatal hernia, was found to be at least moderately severe prior to April 29, 2015. However, the evidence did not meet the criteria for a higher rating of 40 percent under Diagnostic Code 7305 or for a higher rating in excess of 20 percent under Diagnostic Code 7346 from April 29, 2015.

The Board finds that it was not improper for VA to withhold $504.73 of VA compensation in lieu of military retired pay from May 1, 2015, until September 1, 2016.

The Veteran's claims for service connection for meningioma (brain tumor) and myeloproliferative syndrome (diagnosed as thrombocytosis), both of which were diagnosed after separation from service, have been denied. The Board finds that the evidence does not support a finding that these conditions are related to active service or herbicide exposure.

The Veteran's left hallux valgus and degenerative joint disease of the foot have been rated at 20 percent since October 17, 2011.

The Veteran does not have a current diagnosis of pneumothorax, and the Board finds that his obstructive lung disease is more likely related to smoking tobacco than to service. As such, the claim for service connection for a lung disorder (including obstructive lung disease and residuals of pneumothorax) is denied.

The Veteran's right knee disability was rated at 30 percent from October 1, 2015 to March 27, 2017 and increased to 60 percent effective March 27, 2017.,A rating in excess of 60 percent for the Veteran's right knee disability is denied.

The Board has granted the Veteran's request for a waiver of overpayment in the amount of $12,469.00 due to the creation of an overpayment resulting from failure to report income, and determined that recovery would be against equity and good conscience.

The Board denied the appellant's claim for VA home loan guaranty benefits as he did not meet the minimum duty requirements for entitlement to the benefit.

The Veteran has withdrawn all his claims on appeal, including those for higher ratings for various residuals of amyotrophic lateral sclerosis.

The Veteran's claims for a higher rating for bilateral hearing loss and service connection for a dental disability have been denied. The Board found that the evidence did not support an increased rating for his hearing loss, as the most severe hearing loss corresponded to a level I designation in both ears. For the dental claim, the Veteran was unable to establish service connection due to lack of new and material evidence and because he had already received compensation for his teeth under previous VA decisions.

The Board has determined that the Veteran's claimed conditions are not service-connected, as they have been attributed to clinical diagnoses and do not meet the criteria for service connection under the provisions of 38 C.F.R. § 3.317.

The Veteran is shown to have attended JCI full time from November 7, 2012, to March 29, 2013, and thus meets the criteria for VRAP benefits.

The Veteran's appeal is remanded for further development, including obtaining updated VA treatment records and scheduling a VA examination to address the nature of his back conditions.

The Board has remanded the case due to outstanding VA treatment records from the Pensacola VA Joint Ambulatory Care Center (JACC). The Veteran's right eye pterygium condition is still under review.

The Board has remanded the Veteran's claims for additional development, including a VA medical examination to determine the severity of his service-connected laceration of the fingers and an extraschedular evaluation. The case will be returned to the Board after these actions are completed.

The appeal has been dismissed due to the appellant's death, and the Board does not have jurisdiction to adjudicate the merits of this case.

The Board has determined that the Veteran does not have a dental condition that is subject to service connection for compensation purposes.

The Board denied service connection for hyperlipidemia, gastroenteritis, and hearing loss. The Veteran's PTSD was rated higher than initially requested but not more than the maximum allowed. Other claims were either granted or remanded.

The Veteran is currently rated at 40 percent for thrombophlebitis with varicose veins, right leg from June 22, 2007 to January 15, 2009.,Effective January 16, 2009, the Veteran's thrombophlebitis is rated at 100 percent.