Other conditions decisions — 2017

The Board has determined that the Veteran's service-connected residuals of a fractured nose do not meet or approximate the criteria for a compensable disability rating under the applicable VA Rating Schedule. The evidence does not demonstrate at least 50 percent obstruction of both nasal passages or complete obstruction in one side.

The Board found that the Veteran's present spine disability is not related to his service, including his reported steam burns. Therefore, service connection for a back and leg disability was denied.

The Veteran's claim for service connection for a nervous disorder as secondary to his service-connected right shoulder disability was denied in January 2002, July 2004, July 2005, and June 2007. New evidence received since the final denial of these claims raises a reasonable possibility of substantiating the claim.

The Veteran withdrew his appeal on the issue of entitlement to TDIU prior to October 30, 2014.

The Board has determined that a VA examination is necessary to determine the nature and etiology of any current throat, chest, and/or lung condition(s). The Veteran's service records show he had a sore throat in 1969. He also reported symptoms such as pressure in his ears, decreased hearing, allergy symptoms, and frontal headaches at various points post-service. A VA examination will be conducted to determine if these conditions are related to his military service.

The Board has determined that the appellant is entitled to additional accrued benefits in excess of $753.90, which will be reimbursed to her after the VA determines the Veteran's total unpaid accrued benefits and offsets any expenses she bore in connection with his last sickness (minus the $753.90 already paid for burial).

The Veteran's appeal for increased ratings on the thoracolumbar spine disability, gastroesophageal reflux disease and irritable bowel syndrome, and right tibia fracture with right knee pain issues have been dismissed as the Veteran withdrew these claims in July 2014.

The Board found that the former service member's dishonorable discharge bars him from receiving VA benefits, and thus denied the appellant's claim for VA benefits.

The Board found that the termination of additional VA disability compensation benefits for a spouse as of May 1, 2003, was proper and that the creation of an overpayment in the amount of $8429.33 based on a change in marital status was also proper. The Veteran's claim for waiver of recovery of the overpayment is being remanded.

The Board has granted an initial 30 percent rating for the Veteran's service-connected left trigeminal nerve dysfunction, finding that it meets the criteria for severe incomplete paralysis under Diagnostic Code 8205.

The Board has determined that the appellant can be recognized as the Veteran's surviving spouse for the purpose of establishing eligibility for VA death benefits, given their continuous cohabitation from the date of marriage to the date of the Veteran's death.

The Veteran's service from December 15, 2008 to April 15, 2009 is not considered active duty for Chapter 33 benefits and therefore he is not entitled to a benefits payment rate in excess of 60 percent under Chapter 33.

The Board has determined that the Veteran does not have a current diagnosis of stomach cancer and his liver cancer was not shown in service or within the post-service year, and has not been shown to be etiologically related to the Veteran's active service.

The Board denied the Veteran's request for an extension of his delimiting date for Chapter 35 Dependents' Educational Assistance (DEA) benefits beyond May [REDACTED], 2014, finding no legal basis to extend it.

The Veteran does not have a current diagnosis of scoliosis, and the pre-existing condition was not aggravated by service. The Board finds that service connection for scoliosis is not warranted.

The Veteran's unauthorized medical expenses incurred on December 6, 2011, for treatment at Fairbanks Memorial Hospital are now eligible for reimbursement due to the emergency nature of her symptoms and the unavailability of VA facilities.

The Veteran's service-connected residuals of a left basal ganglia hemorrhage are rated at 70 percent prior to October 23, 2008. The Board granted entitlement to TDIU based on the severity of his service-connected disabilities.

The Board has granted a rating of 30 percent for the Veteran's residuals of a shell fragment wound (SFW) of the right thigh, Muscle Group XIII. The issue of separate compensable ratings for scars of the right thigh and right calf prior to January 6, 2015 remains on appeal.

The Board has determined that the Veteran's gastrointestinal disorder, including Crohn's disease and IBD, is not service connected as it is not related to his active military service or herbicide exposure.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for additional disability manifested by blood clots in the bilateral legs as a result of a September 8, 2008 surgery and post-surgical care performed at the VAMC in Richmond, Virginia. The case has been remanded due to inadequate prior VA opinions.