Other conditions decisions — 2017

The Board has remanded the case for additional development due to inadequate medical opinions regarding service connection.

The Board has determined that new and material evidence has been submitted to reopen the appellant's claim for recognition as the Veteran's surviving spouse, and she is found to be his surviving spouse.

The Veteran's gouty arthritis and hallux valgus (bunion) conditions have not manifested as active processes with the required symptomatology to warrant a higher disability rating. The Veteran's symptoms are currently rated at 10 percent each for both feet.

The Board has determined that the Veteran's treatment at Memorial Hospital of Jacksonville on June 28, 2015 was for a condition of such severity (an abscess) that it posed an immediate threat to his health and safety. As VA facilities were not feasibly available within a reasonable time frame, the decision grants reimbursement for these unauthorized medical expenses.

The Board has decided that the Veteran's claim for a clothing allowance is not complete and requires additional records to be obtained before further action can be taken.

The Board found that the Veteran's current respiratory condition is not related to his service, specifically noting that there was no evidence of a chronic disease during or within one year after service. The VA examiners' opinions were considered more probative than those of the private physician.

The Board denied service connection for bilateral nuclear cataracts, finding that the Veteran's condition was not related to his in-service exposure to radiation. The evidence did not support a link between the Veteran's current condition and his military service.

The VA examiner determined that the Veteran's current pulmonary disorder is less likely than not related to his active service, including any in-service exposures. The Board finds this opinion persuasive and therefore denies the claim for service connection.

The Board has determined that the Veteran's service-connected shrapnel wound to the back with injury to Muscle Group II with retained metallic foreign body did not cause or contribute substantially or materially to his death, which was listed as cardiopulmonary arrest secondary to bronchopneumonia and generalized asthenia.

The Veteran's claims for increased ratings for his service-connected right hand disabilities are being remanded to allow for additional development, including obtaining updated VA examinations and considering the proper rating criteria.

The Board found the overpayment valid and denied waiver of recovery due to the Veteran's failure to notify VA of his divorce and additional dependents in a timely manner.

The Board has determined that the Veteran's infertility/sterility did not manifest during or as a result of military service, including exposure to radiation.

The Veteran's loss of teeth numbers 1 through 21, and 31 through 32 are service-connected for the purpose of receiving Class II (a) VA outpatient dental treatment due to a traumatic injury in service.,The Veteran's loss of teeth numbers 8 and 9 is also service-connected for the same purpose.

The claim is being remanded to the RO for further adjudication due to new evidence submitted by the appellant and representation clarification. The Veteran's death may be related to VA care, but the claim will need to be re-adjudicated based on all available evidence.

The Veteran's service connection claim for a bilateral eye disability is denied as refractive error of the eyes are not considered diseases or injuries for VA compensation purposes.

The Board has determined that the appellant is not eligible for DIC benefits as a remarried surviving spouse of the Veteran due to her remarriage occurring after she reached age 57, and there are no other provisions applicable in this case.

The Board has determined that the Veteran's nerve damage of the jaw is related to his service and has granted his claim for service connection.

The Veteran's service-connected left side tic douloureux is currently rated at a 10 percent disability rating, which reflects moderate incomplete paralysis of the left cranial nerve V.

The Veteran's grade I lytic spondylolisthesis at L5-S1 level with severe bilateral foraminal stenosis is rated as 20 percent disabling under the criteria for IVDS. The Board finds that a rating of 40 percent is warranted based on incapacitating episodes, and no higher.

The Board has determined that the validity of the overpayment debt must be adjudicated before proceeding with the waiver determination. The Veteran is requested to provide updated financial information.