Other conditions decisions — 2017

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected residuals of mid-tibial stress fractures in both legs.

The Veteran's esophageal cancer was not incurred in service and is not presumed to have been incurred in service. The Board denied the claim as there is no evidence linking the esophageal cancer to his active duty.

The Board has determined that retroactive benefits under the provisions of Nehmer v. United States Veterans' Administration are warranted for the period from January 1, 1999, to February 1, 1999.

The Board has determined that the Veteran does not have a chronic respiratory disability and therefore, service connection for a respiratory disorder is denied. The case is being remanded to obtain additional liver function testing records.

The Veteran's service-connected cold injury to the left foot and right foot were granted a rating of 30 percent each from April 12, 2011 to October 1, 2012.

The Board denied the claim as the debt created from payment of both DIC and SBP benefits was validly established.

The Veteran and his spouse were married but not cohabitating. The apportionment of $65 per month was granted for the period from September 1, 2005 to June 1, 2011 due to hardship caused by the Veteran's lack of support.

The Board found that the Appellant's character of discharge was under dishonorable conditions and thus constitutes a bar to VA benefits.

The Veteran's ulcerative colitis is currently rated at 30 percent from May 9, 2008. The Board denied a higher rating as the symptoms do not meet criteria for a higher rating.,The Veteran's bilateral lower extremity vasculitis is currently rated at 10 percent. The Board denied an initial rating in excess of 10 percent due to lack of recurrent debilitating episodes.

The Board has determined that there is no evidence of a right leg disability during service and the Veteran's current right leg disability does not meet the criteria for service connection.

The Board denied the Veteran's claims for earlier effective dates for increased ratings of his service-connected residuals of manganese poisoning, finding that it was not factually ascertainable that he met the criteria for higher disability ratings prior to November 13, 2006.

The Veteran's claim for service connection for vitiligo is being remanded due to deficiencies in the most recent VA examination, particularly regarding the examiner's discussion of aggravation by his service-connected diabetes mellitus and PTSD.

The Veteran's claim for an effective date prior to May 1, 1999 for a total disability evaluation based on individual unemployability due to service-connected disabilities was dismissed as the November 2000 rating decision is final and no exception applies.

The Veteran's son has met the criteria for inclusion as a dependent for purposes of monthly disability payments between August 2003 and September 2007.

The Board has remanded the case for additional development, including obtaining treatment records from VA facilities where the Veteran received care. The appeal is not about service connection but rather whether new and material evidence has been submitted to reopen a claim of entitlement to death benefits.

The Board dismissed the appeal of service connection for a left hand condition and denied the application to reopen the claim of service connection for residuals for blood clots, left arm as secondary to the service-connected disability of scar, residual of a laceration of the profundus tendon, left small finger with neuritis.

The Board is remanding the case for a hearing before a Veterans Law Judge and to issue a Statement of the Case regarding the validity of an overpayment of VA disability compensation benefits.

The appellant is not entitled to a higher rate of DIC benefits under the law as she does not meet the criteria for an increase in her monthly payment.

The Veteran is entitled to payment or reimbursement for the cost of emergency room services provided by Lakeland Community Hospital of Watervliet on February 11, 2013 due to a reasonable expectation that delay in seeking immediate medical attention would have been hazardous to his health.

The Veteran has withdrawn their appeal, leaving no issues for the Board to consider.