Other conditions decisions — 2017

The Veteran's claim for an earlier effective date for the grant of service connection for status-post hysterectomy with right salpingo-oophorectomy, due to uterine fibroids and ovarian cyst is denied as there was no prior indication that she intended to pursue this claim.

The Veteran's discharge was due to a personality disorder, which did not result from her own misconduct. She is therefore eligible for educational assistance under the Post-9/11 GI Bill.

The Veteran's claim for payment of unauthorized medical expenses incurred due to a snake bite is being remanded as the decision relied on an invalid regulation and additional development is required.

The Veteran's service-connected pyoderma (bilateral feet disability) affects at least 5 percent, but less than 20 percent, of the entire body with constant or near constant use of topical medications including corticosteroids. The criteria for a rating in excess of 10 percent are not met.

The Veteran's daughter was denied an extension of her education benefits under Chapter 35, Title 38, due to the expiration of her eligibility period and lack of evidence of a commenced training.

The Board has remanded the claims for further development due to incomplete records and need for VA examinations.

The Board has remanded the case for additional development, including a VA examination of the Veteran's service-connected disabilities and an eye examination. The appeal is now pending again with the AOJ.

The Board denied the Veteran's claims for service connection for a non-cancerous pituitary tumor and an increased rating for glaucoma, finding that there was no evidence of a causal relationship to his military service or service-connected conditions.

The Board denied the veteran's request for burial in a VA national cemetery due to his dishonorable discharge, which bars him from receiving VA benefits.

The Board has remanded the case for additional development, including obtaining private treatment records and potentially considering an additional VA opinion. The claim will be reconsidered based on the new evidence.

The Veteran's service-connected left eye disability was rated at 20 percent from July 28, 2004 to December 23, 2014. From December 23, 2014 forward, the rating is 20 percent under current criteria for open-angle glaucoma with residual impairment of central visual acuity. The Veteran's left eye disability was found to have an average concentric contraction of field vision at 41 degrees, which does not meet the criteria for a higher rating.

The Board found that the Veteran's current right foot disorder is not related to his in-service injury and denied service connection for a right foot disorder.

The VA examiner found no current right calf disability and the Veteran's previous diagnoses of cellulitis have resolved. The Board therefore finds that service connection for a right calf disability is not warranted.

The appellant's income exceeded the maximum annual rate for payment of nonservice-connected pension benefits, thus she is not eligible for VA nonservice-connected death pension.

The Veteran's lung disorder is not service-connected as it did not arise during military service and is not related to the service-connected chronic rhinosinusitis.

The Board found that the overpayment was validly created due to the Veteran's failure to promptly inform VA of his divorce and remarriage, resulting in an overpayment of $9,310.33. The Committee denied the request for a waiver of recovery of this debt, finding fault on the part of the Veteran.

The Board has granted service connection for a neurologic disorder of the left hip as secondary to the service-connected lumbar spine disability. The issue of an orthopedic disorder of the left hip is addressed in the remand portion.

The Board has determined that the appellant's character of discharge for his period of service from July 26, 1986 through January 31, 1990 is dishonorable. Therefore, he is not eligible for VA benefits, other than health care benefits under Chapter 17, U.S.C.

The Veteran is seeking service connection for pneumonia. The Board has remanded the case due to incomplete records and need for additional medical opinions.

The Veteran's cause of death was not service-connected, and the Board denied DIC benefits under 38 U.S.C.A. § 1318 as well as non-service connected death pension benefits due to excessive income.