Other conditions decisions — 2017

The Board has ordered a remand to obtain an opinion on whether the Veteran's left leg arterial disease was aggravated by his service-connected lipoma excision.

The Board found that there is no current diagnosis of a traumatic brain injury or residuals thereof, and thus denied the Veteran's claim for service connection.

The Veteran's Barrett's esophagitis was not incurred or aggravated by service, including presumed exposure to Agent Orange. The Board finds that the evidence does not support a finding of service connection for this condition.

The Board has granted service connection for residuals of MRSA, finding that the Veteran's condition is service-connected due to its onset during active duty. Service connection was denied for Raynaud's syndrome in the hands as there is no evidence of a cold injury in service.

The Board found that the Veteran's current left and right eye disorders, including macular degeneration, were not incurred in or caused by his military service. The evidence did not establish a link between his vision problems and his time in service.

The Board has remanded the case for additional examination to determine the severity of the Veteran's cardiac disability, including ejection fraction. The appeal is now pending with the AOJ.

The Veteran's claims for service connection for residuals of pulmonary embolism and left calf deep vein thrombosis are denied as there is no evidence that these conditions had their onset during active service or are otherwise related to such service. The claim for service connection for traumatic brain injury with residual headaches, claimed as a head injury, is also denied.

The Veteran's claims for an increased rating and effective dates were granted, with the effective date set at April 28, 2003. The TDIU claim was also granted.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claim of entitlement to an increased rating in excess of 10 percent for residuals of a nasal fracture is on hold until these steps are completed.

The Board denied the Veteran's claims for earlier effective dates for service connection of gynecomastia, pituitary gland disability, gastrointestinal disability, sleep disorder due to service-connected mental disabilities, and loss of teeth for compensation purposes. The effective date remains June 1, 2010.

The Veteran's service connection claim for elevated liver enzymes is denied as there is no evidence of a current disability. The Veteran's left little finger disability, manifested by pain and weakness in gripping and lifting, warrants a 10% rating.

The Veteran's mood disorder has been productive of occupational and social impairment with reduced reliability and productivity, but not to the extent that would warrant a higher initial rating prior to September 30, 2013. After September 30, 2013, the disability is still characterized by some mild symptoms and difficulty in social functioning.

The Veteran seeks service connection for anosmia, which he claims is related to his service-connected left nasoseptal deviation. The VA examiner found that the risk factors for anosmia were more significant than the potential service-related factor (the nasal surgery). However, a remand is needed to determine if the service-connected condition aggravated the non-service-connected condition.

The Veteran's claim for nonservice-connected pension benefits is denied as he did not have active service during a period of war, thus failing to meet the necessary eligibility criteria.

The Board has decided that the Veteran's claim for service connection for residuals of a right foot injury should be remanded due to insufficient medical opinion and need for additional development.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for a right parietal skull fracture and a convulsive disorder with blackouts. As such, these claims remain denied.

The Board has determined that the Veteran's recurrent post-operative rectal disorder did not aggravate during her second period of active duty, and therefore service connection is denied.

The Veteran's overpayment of VA pension benefits is waived due to undue hardship resulting from his estranged spouse.

The Veteran's income exceeded the applicable maximum nonservice-connected pension rate, and his claim for special monthly pension based on need for regular aid and attendance or being housebound was denied.

The Veteran's overpayment of VA benefits was due to his wife receiving employment income, which caused the Veteran to receive additional pension payments he was not entitled to. The Board found that while there was some fault on both sides (Veteran and VA), the Veteran's fault outweighed any hardship or undue hardship resulting from repayment. Additionally, the debt did not defeat the purpose of the VA pension program, and recovery would result in unjust enrichment for the Veteran.