Other conditions decisions — 2017

The Veteran's neurocognitive disorder and psychotic disorder due to a TBI resulted in total occupational and social impairment from August 14, 2001 to August 24, 2015.

The Veteran's service-connected disabilities require the regular aid and attendance of another person, meeting the criteria for special monthly compensation (SMC) based on the need for aid and attendance.

The Veteran's claim for a higher rating for his right hand injury is being remanded due to the need for additional development, including an examination to assess the severity of his service-connected condition and its impact on his daily activities.

The Veteran's shin splints of the right and left tibias/fibulas have been rated as a single disability under Diagnostic Code 5262, resulting in a 10 percent rating.,For the entire appeal period, the Veteran's right ankle disability has been manifest by no more than moderate limitation of motion.

The Veteran's right knee disability, characterized by arthritis and a torn anterior cruciate ligament, is currently rated at 10 percent for limitation of motion and instability. The decision grants these ratings.

The Veteran's appeal for a higher rating for beta thalassemia minor was granted, with a 60 percent rating effective from March 24, 2015. The issue of entitlement to TDIU remains unresolved.

The Veteran's special monthly pension was not retroactively paid to the Veteran at the time of his death, and no accrued benefits are due as a result. The claim is denied.

The Veteran's service-connected Crohn's disease is manifested by severe symptoms with numerous attacks a year of diarrhea and abdominal distress, warranting a 60 percent rating.

The Veteran's service-connected hallux valgus with status post fracture of the left metatarsal results in loss of use of his left foot, and the Board finds that he meets the criteria for special monthly compensation based on this condition.

The Board has determined that the Veteran does not have a current dental disability due to loss of substance of body of maxilla or mandible from trauma or disease such as osteomyelitis, and thus service connection for compensation purposes is denied.

The Board has determined that the Veteran does not have a current respiratory disorder other than sleep apnea, and thus cannot establish service connection for this condition.

The Board has denied the Veteran's claims for service connection for a left eye disorder and a left foot disorder, to include as secondary to his service-connected thoracolumbar strain with scoliosis and moderate degenerative disc disease. The decision is based on the absence of current disability related to these conditions.

The Board found that the Veteran's right foot disorder, to include pes cavus and hammer toes, did not pre-exist service and was not caused or aggravated by his active duty service. The claim for secondary service connection based on lumbosacral strain was also denied.

The Veteran's claim for waiver of overpayment of VA pension benefits in the amount of $26,187.00 was denied as it was found that fraud, misrepresentation or bad faith played a role in its creation.

The Veteran's TDIU claim is being remanded due to the need for additional development, including referral to the Director of Compensation and Pension Service for consideration of entitlement to TDIU based on unemployability due to service-connected disability.

The Board has ordered a new VA examination to determine the etiology of the Veteran's diagnosed bilateral Achilles tendonitis and whether it is related to his military service. The Veteran also seeks service connection for secondary to his service-connected left knee patellofemoral syndrome.

The Board found that the Veteran's current foot disability did not have its onset in service and is not otherwise causally connected to his service, thus denying his claim for service connection.

The Board has determined that additional development is necessary before the issue of service connection for left flat foot can be adjudicated. This includes obtaining missing service treatment records, requesting SSA records, and scheduling an examination to address the Veteran's claims.

The Board found that the Veteran did not serve in Vietnam and was not exposed to herbicides, thus denying service connection for chronic lymphocytic leukemia.

The Veteran's request for a waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $7,880.00 was denied by the Board as it found that the Veteran had significant fault in creating the debt and that waiving the debt would not be against equity and good conscience.