Other conditions decisions — 2017

The Board found that the Veteran's Charcot-Marie-Tooth disease (CMT) is a congenital condition and did not preexist service. However, there was no clear and unmistakable evidence to show that CMT was aggravated by service. The Board concluded that the increase in severity of symptoms occurred after service.

The Veteran died of Alzheimer's dementia due to or as a consequence of failure to thrive. The appellant seeks service connection for the cause of death and DIC under 38 U.S.C.A. § 1318. The case is being remanded for additional development, including obtaining medical records and providing an opinion on whether the Veteran's hearing loss contributed to his death.

The Board has determined that service connection is warranted for patellar tendonitis and patellofemoral syndrome of the left knee, as well as patellofemoral syndrome of the right knee. The Veteran's current diagnoses are consistent with his reported symptoms during service and post-service.

The Board found insufficient evidence to establish service connection for the Veteran's low back condition, as her in-service treatment records do not support a finding of an in-service injury or incident. The respiratory condition issue is marked as 'unknown' due to lack of relevant information.

The Veteran does not have a current residual disability associated with the meningitis treated during service and has not been diagnosed with a chronic residual disability during the claim period. The Board finds that the preponderance of evidence demonstrates that the Veteran does not have a disability relating to residuals of spinal meningitis.

The Board has determined that the Veteran's respiratory disorder is not related to his military service, including exposure to environmental contaminants in Iraq. The preponderance of evidence does not support a finding that the current condition was incurred or aggravated by service.

The Board has determined that the Veteran's condition necessitates regular aid and attendance, resolving reasonable doubt in his favor.

The Board has remanded the case to the Director of Compensation Service for consideration of entitlement to a TDIU under the provisions of 38 C.F.R. § 4.16(b) before June 23, 2016.

The Veteran's service-connected dysthymic disorder with associated alcoholism was found to be manifested by no worse than a definite impairment in the ability to establish or maintain effective and wholesome relationships, resulting in such reduction in initiative, flexibility, efficiency and reliability levels as to produce definite industrial impairment. The Board concluded that this did not meet the criteria for an initial rating in excess of 30 percent.

The Board has determined that the Veteran does not have military service for VA purposes and therefore cannot be considered a veteran for purposes of VA benefits.

The Veteran's Dupuytren's contracture of both hands was not found to meet the criteria for a compensable rating prior to July 24, 2014 and thereafter. The evidence did not show any functional impairment or limitation of motion that would warrant a higher rating.

The Veteran's service connection claim for residuals of cold injuries to the bilateral lower extremities is granted as his current disability and symptoms are at least in equipoise with a link to service.

The Board has determined that the Veteran's perforated eardrums were pre-existing and did not increase in severity during service. The current evidence does not support a finding of a current disability, thus service connection for a bilateral ear disability is denied.

The Veteran's service connection claim for a cardiac disorder other than mitral valve prolapse with heart murmur was granted. Effective December 30, 2008, the Veteran received a 30 percent evaluation for her mitral valve prolapse with heart murmur. The effective date of this rating decision is December 30, 2008. From March 16, 2012 to September 15, 2015, she was granted a higher disability rating.

The Board finds that the overpayment of $360.00 from February 1, 2006 to January 31, 2010 was properly created due to discrepancies in reported income and expenses. The Veteran's waiver request is granted as recovery would be against equity and good conscience.

The Board has determined that the Veteran does not have a currently diagnosed right leg disability related to service or his service-connected disabilities, and therefore denied the claim for service connection.

The Veteran's dementia, Alzheimer's type with posterior cortical atrophy is not service-connected.,The cause of the Veteran's death was attributed to multiple system organ failure and dementia-Alzheimer's type. Since there are no service-connected disabilities listed as causes of death, service connection for the cause of death is also denied.

The Veteran's appeal is being remanded for a Travel Board hearing before a VLJ at the RO. The issue of entitlement to TDIU remains on hold until further notice.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule a VA examination to determine if his low back disability was caused or aggravated by injuries sustained while participating in the CWT program.

The Board denied the Veteran's claim for an effective date earlier than January 1, 2009, for additional compensation payable for dependents. The appeal is based on a legal determination regarding when information was received by VA and not disputed facts.