Other conditions decisions — 2017

The Board has determined that there is no evidence to support a separate compensable rating for headaches as a residual of the Veteran's service-connected meningitis.

The Board denied service connection for hyperaldosteronism and did not grant any increased ratings for the Veteran's PTSD, shoulder tendonitis, or cervical spine disability.

The Board found that the Appellant does not have spina bifida, and thus is not entitled to benefits under 38 U.S.C.A. § 1805 for a child of a Vietnam Veteran born with spina bifida.

The Board found that the Veteran's left hip labral tear was not present during service, is unrelated to his service-connected low back strain and/or left knee retropatellar pain syndrome, and was not caused by or aggravated by these conditions. Therefore, service connection for this condition cannot be established.

The Board denied the Veteran's claim for DIC benefits based on service connection for the cause of his death, finding that gastric cancer was not related to his military service or exposure to herbicide agents.

The Board has granted service connection for a right eye cataract as secondary to the service-connected diabetes mellitus. The Veteran's bilateral cataracts are at least as likely as not related to the service-connected diabetes mellitus.

The Veteran withdrew his appeal to reopen his claim for service connection for a carcinoid tumor, status post left thoracotomy (previously claimed as a respiratory condition and lung condition).

The Veteran's skin condition, diagnosed as lichens nitidus, had its onset in service and is at least as likely as not causally related to his military service. The Board granted service connection for the skin condition.

The Veteran's appeal is being remanded due to incomplete records and the need for a new VA examination. The issue of entitlement to an increased rating for his service-connected other specified trauma and stressor-related disorder/Da Costa's Syndrome remains pending.

The Veteran's claim for educational assistance benefits in excess of the 90 percent rate under the Post-9/11 GI Bill is denied as he does not meet the eligibility criteria due to his service length and discharge status.

The Veteran's leukemia, diagnosed as soft-tissue sarcoma, is presumed to be due to his exposure to herbicides (Agent Orange) during service. The cause of the Veteran's death was listed as acute leukemic crisis, which is considered a disease associated with Agent Orange exposure. Therefore, both conditions are granted.

The appeal has been dismissed due to the death of the appellant.

The Veteran's claim for an effective date prior to September 24, 2003 for the assignment of a 100 percent rating to the service-connected residuals, spontaneous pneumothorax, with bilateral ninth rib resection, manifested by bullous emphysema is dismissed.

The Board denied the appellant's appeals for burial benefits and death pension benefits, finding that she was not entitled to additional payments due to insufficient evidence of expenses or income changes.

The Veteran's claims for service connection for mild dysplasia, ovarian cysts, facial marks/vitiligo, sinusitis, and an initial compensable rating for allergic rhinitis have been dismissed due to the Veteran withdrawing her appeal of these issues.

The Board has determined that the appellant, as the widow of the Veteran who died in 1974, was not notified of her right to elect improved death pension benefits prior to January 8, 2009. As a result, she is entitled to an effective date prior to this date for the grant of entitlement to improved death pension with aid and attendance.

The Veteran's left hand carpal tunnel syndrome is rated at 40 percent, the maximum rating available under DC 8515 for severe incomplete paralysis of the median nerve. The evidence does not support a higher rating as there is no indication of complete paralysis.

The Veteran withdrew his appeal for repayment or reimbursement of unauthorized medical expenses incurred at St. Francis Hospital in Federal Way, Washington on November 12, 2014.

The Board has granted a partial waiver of the overpayment, reducing it to $2,583.00 and finding the Veteran still responsible for the overpayment of $1,410.00.

The Board has determined that the Veteran's right elbow condition is attributable to an injury sustained during service, and thus grants entitlement to service connection.