Other conditions decisions — 2017

The appeal has been withdrawn by the appellant before a decision was made.

The Board denied the Veteran's claims for service connection for thrombophlebitis of the right lower leg and entitlement to a total disability rating based on individual unemployability.

The Board has remanded the case due to the need to obtain additional medical records and provide an addendum opinion from a VA examiner.

The Board has determined that the Veteran's testicular disorder is not caused by radiation exposure during service or any other etiological relationship to service. As a result, the claim for service connection is denied.

The Veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 for a defective dental bridge is being remanded due to outstanding VA and private treatment records, as well as the need for a VA examination.

The Veteran's gastrointestinal disorder is rated at 60 percent, the maximum under Diagnostic Code 7308. His PTSD with depressive disorder is rated at 50 percent, which is the highest rating available under Diagnostic Code 9411. The Veteran also meets criteria for a TDIU based on his service-connected disabilities.

The Veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill (MGIB)) for college courses taken during the period from August 1998 to May 2001 is granted as it meets the criteria established by VA regulations.

The Board has remanded the case due to inconsistencies in the Veteran's reported marriage dates and the need for further evidence regarding his claimed common law marriage with L.L.F.

The Board finds that the Veteran's right eye retinal detachment, left eye peripheral retinal degeneration, bilateral cataracts, and bilateral posterior vitreous detachments are not related to his active service. The Veteran's tinea pedis is also denied.

The Board has remanded the case for further review due to new evidence submitted by the appellant's son during a hearing. The issue of entitlement to nonservice-connected death pension benefits will be reconsidered with this additional information.

The Board finds that further evidentiary development is necessary prior to adjudicating the appellant's claim on appeal. Specifically, a remand is required for the AOJ to provide a detailed accounting of the appellant's entitlement to nonservice-connected death pension, including the calculations used for her unreimbursed medical expenses and countable income.

The Veteran's service-connected metatarsalgia, status post fracture of right fourth and second metatarsals is currently rated at the maximum available rating (10%) and there is no evidence to warrant a higher or separate rating under any other diagnostic code.

The Veteran's appeal is being remanded for further development and consideration of the new evidence submitted by him.

The Board found that the Veteran's umbilical hernia did not meet the criteria for a compensable rating during the appeal period, as his symptoms were not severe enough to warrant such a rating.

The Veteran's claim for an increased rating for his shell fragment wound of the right back and posterior chest with retained foreign bodies was denied. The effective date issue for a 40 percent evaluation for residuals of a shell fragment wound to the right hip with retained foreign bodies remains pending.

The Board found that the overpayment was validly created due to the Veteran's failure to notify VA of his incarceration, and granted a waiver of recovery of the overpayment.

The Veteran is entitled to beneficiary travel payments for June 2009 pool sessions as part of his medical care, despite the VA's initial categorization. The evidence shows that these sessions were related to his service-connected disabilities and provided as part of his treatment plan.

The appellant is not entitled to additional accrued benefits as he does not meet the legal requirements and there are no additional payments due. The total amount VA owned the Veteran was $26,812.00 and that is the amount paid to the appellant in accrued benefits.

The Board has determined that the Veteran's right testicle disability does not warrant a rating in excess of 30 percent, and his claim for TDIU is also denied.

The Board denied the Veteran's claims of service connection for left foot bone spurs, left heel pain, and right foot arthritis (big toe) as there was no evidence showing these conditions were incurred in or aggravated by service.