Other conditions decisions — 2017

The Board has remanded the Veteran's claims due to incomplete search efforts for service treatment records and the need for additional examinations and development of medical records.

The Board has determined that a remand is necessary to obtain an examination and opinion regarding the cause of the Veteran's left thigh numbness, as well as whether it is related to his service-connected lumbar spine disability.

The Board has determined that the Veteran's metastatic rectal cancer is related to herbicide agent exposure in service and grants the claim for service connection.

The Board has been notified of the appellant's withdrawal of his appeal, and thus the case is dismissed.

The Veteran withdrew his appeal for service connection for fracture of the right mandible.

The Veteran's appeal for a waiver of overpayment in the amount of $8208 has been dismissed due to his death.

The Veteran's appeal is being remanded due to the need for a Board hearing. The issues are whether new and material evidence has been received to reopen his claim of arthritis of the sacro-iliac joints, and entitlement to service connection for a stomach disorder claimed as secondary to arthritis.

The Board has remanded the case due to an issue intertwined with the question of debt waiver, specifically related to apportionment of VA benefits. The Veteran's wife filed a request for apportionment and the AOJ is required to address this issue before considering the overpayment debt.

The Veteran is seeking service connection for a heart condition, claimed as supraventricular arrhythmia with an implanted cardiac pacemaker, which he believes is secondary to his service-connected PTSD. The Board has determined that a new medical opinion is needed regarding the causal relationship between the Veteran's heart disability and his PTSD.

The Board has determined that additional development is needed to obtain information about the Veteran's and his spouse's unreimbursed expenses from specific time periods. The case will be returned to the AOJ for further action.

The Board finds no evidence that the Veteran's multiple myeloma was incurred during active service, and concludes that it is not related to asbestos exposure. As such, the claim for service connection is denied.

The Veteran's psychiatric disability is currently rated at 70 percent, and the Board finds that a higher evaluation of 100 percent is warranted due to persistent danger of hurting self or others, intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene), and persistent hallucinations.

The Board has determined that the Veteran's bilateral ankle disabilities warrant a 20 percent rating prior to May 18, 2015 and a 20 percent rating from May 18, 2015. The claim for TDIU is referred to the Director of Compensation and Pension Service.

The Veteran's claim for a benefits payment rate in excess of 50 percent for educational assistance under the Post-9/11 GI Bill was denied as he did not meet the criteria based on his aggregate length of creditable active duty service and discharge due to non-service-connected reasons.

The Board found that the Veteran's left eye disability is not related to his service-connected head injury and denied his claim for service connection.

The case is being remanded for additional development, including notifying the Veteran of the content of his spouse's substantive appeal and obtaining divorce records from Oklahoma, Kansas, and Texas.

The Veteran's unauthorized medical expenses incurred at Bellevue Medical Center from November 6, 2011 to November 11, 2011 were not authorized by VA and the criteria for reimbursement under VA regulations were not met.

The Veteran claims compensation under 38 U.S.C.A. § 1151 for the residuals of a ruptured right Achilles tendon, alleging that VA cortisone injections and delayed MRI examination resulted in his disability. The case is remanded to obtain informed consent forms, conduct medical opinions, and review records.

The Veteran's superficial peroneal nerve injury is not shown to have been caused by carelessness, negligence, lack of proper skill, error in judgment or other similar instance of fault on the part of VA or the surgeon, and therefore compensation under 38 U.S.C.A. § 1151 for this condition does not meet the criteria.

The Veteran's squamous cell carcinoma of the pharynx was not found to be related to his presumed exposure to herbicides, including Agent Orange, during service.