Other conditions decisions — 2017

The Board found that the Veteran's respiratory, fatigue, stress, and sleep symptoms are not service-connected due to lack of a causal relationship between his current conditions and military service.

The Board has remanded the case for additional development due to new evidence of lung nodules and a need for further medical opinion regarding their etiology.

The Veteran and the appellant are legally married, but the Veteran is not living with his spouse. The appellant's claim for an apportionment of the Veteran's compensation benefits has been denied as there is no basis for such a determination.

The Board has remanded the case due to issues related to the Veteran's entitlement to an extension of the delimiting date for Montgomery GI Bill (MGIB) benefits beyond August 28, 2009. The AOJ is instructed to address whether records from the Veteran's counseling in McAllen, Texas in 2009 had been sought and issue a supplemental statement of the case.

The Board has determined that the Veteran's overpayment of VA benefits was properly created and that recovery would not be against equity and good conscience. The Veteran is denied a waiver for both overpayments.

The Veteran's appeal is denied as his service connection for a lung disability, increased ratings for left knee and shoulder disabilities, and SMC based on need for aid and attendance or housebound status are not granted.

The Veteran's claims for education assistance benefits under the Post-9/11 GI Bill and an earlier effective date for nonservice-connected pension (NSCP) benefits are denied as he has not been eligible to receive these benefits at any time.

The Board has determined that the issue of entitlement to service connection for a prostate condition has been rendered moot due to the grant of service connection in a June 2011 rating decision, effective September 15, 2010.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling a VA examination to determine the nature and etiology of any current sleep disability.

The Veteran's claims for increased ratings for his cervical spine disability, lumbar and thoracic spine disabilities, left upper extremity radiculopathy, right upper extremity radiculopathy, left lower extremity radiculopathy, right lower extremity radiculopathy, and headaches have been denied. The Veteran is currently in receipt of a 40 percent rating for his cervical spine disability.

The Veteran's appeal is being remanded for further development, including obtaining service personnel records and verifying herbicide exposure during his service in Thailand.

The Board found that the overpayment in the amount of $12,875.40 was not validly created due to VA error and granted a waiver of recovery.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The issues of entitlement to an increased rating for atrial fibrillation and TDIU are still pending.

The Board found that the appellant does not meet the eligibility criteria to receive accrued benefits for non-service-connected pension benefits, as she is not a child of the Veteran and her estate did not have sufficient liquid assets to consume for his maintenance.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that they were not legally married by ceremony and did not reside in a jurisdiction that recognizes common law marriage. The separation was also due to the Veteran's misconduct.

The Veteran's claim for service connection for Chronic Lymphocytic Leukemia (CLL) was granted effective July 29, 2010. The Board found that an earlier effective date is not warranted and denied the request.

The Veteran's gastric stomach cancer was not caused by VA medical personnel, but the Board requests a new opinion to determine if VA failed to diagnose and treat his condition in a timely manner.

The Veteran's claim for service connection for right tonsillar squamous cell cancer is being remanded due to the need for additional development, including a new VA examination and opinion regarding the nature and etiology of his condition. The issue will be reconsidered after this additional development.

The Veteran's service-connected cubital tunnel syndrome, post-operative repair with surgical scar, has not resulted in a higher rating since the July 27, 2010 effective date of the grant of service connection. The Board finds that an initial rating in excess of 10 percent is not warranted at any point.

The Board has determined that the Veteran's bilateral shin splints do not cause any symptoms and therefore does not meet the criteria for a compensable rating.