Other conditions decisions — 2017

The Board has granted the Veteran's claim to reopen his service connection for anaplastic oligodendroglioma, finding that new and material evidence has been submitted. The case is now remanded for further development.

The Board has granted service connection for bilateral lower extremity ulcers, finding that the evidence is at least in equipoise as to whether the Veteran's condition originated during his military service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated authorization from the Veteran and attempting to obtain private treatment records. The case will be reviewed by a VA examiner who will provide an opinion regarding whether the Veteran's current urological disorder is causally related to his exposure to herbicides in service.

The Board has determined that the Veteran's neurological disorder of the bilateral lower extremities is related to active duty service and grants service connection for this condition.

The Board found that a 70 percent rating is warranted for non-Hodgkin's lymphoma from December 1, 2012. The Veteran's disability was rated based on residuals of anemia.

The Veteran's claim for service connection for bladder impairment, which is claimed as secondary to his service-connected degenerative disc disease of the lumbar spine, has been remanded by the Board. The case will be processed again with arrangements made for a hearing before the Board.

The Board found that the Veteran's chronic osteomyelitis of the left humerus did not meet the criteria for a 20% rating prior to January 27, 2009.

The Veteran's vision disability is rated at 40 percent effective June 16, 2016.

The Veteran's appeal is being remanded to the RO for issuance of a Statement of the Case regarding his claims for an effective date earlier than April 14, 1992, and for an initial compensable rating for bilateral hammertoes disabilities.

The Veteran's overpayment of $15,379 is under review for proper creation and waiver of recovery. The case has been returned to the RO for issuance of a statement of the case.

The Veteran's left hip disability, including arthritis and post-total hip replacement residuals, is currently rated as 10 percent disabling prior to December 6, 2010; 100 percent from December 6, 2010 to January 31, 2012; and 50 percent thereafter. The Board has granted a 50 percent rating for the period beginning February 1, 2012.

The Board has determined that an additional apportionment of the Veteran's VA compensation benefits is denied as any further apportionment would cause undue hardship to the Veteran.

The Board found that the appellant's request for apportionment of her husband's VA nonservice-connected pension benefits was denied due to significant financial hardship caused by his failure to provide support, despite receiving child support payments.

The Board found that the appellant's deceased husband did not have qualifying active military service for VA DIC benefits, as his only verified service was in the American Merchant Marine from April 1968 to April 1972, which falls outside the established qualifying period.

The Board has determined that there is no direct service connection for Barrett's esophagus and adenocarcinoma of the esophagus, as the evidence does not support a finding that these conditions were caused by or aggravated by service. The Veteran's esophageal problems are more likely due to his obesity, prior smoking, and gastroesophageal reflux disease (GERD), which he had before service.

The Veteran's appeal is being remanded for further development, including obtaining a VA examination to assess the severity of his service-connected Lyme disease and encephalopathy. Additionally, the claim for TDIU will be developed.

The Veteran's responsibility for supporting his children was found to be reasonable, and the appellant did not demonstrate undue hardship. Therefore, an apportionment of the Veteran's VA compensation benefits on behalf of his children is denied.

The Board found that the Veteran's cessation of VA compensation benefits due to fugitive felon status was improper and thus denied the overpayment. The debt is therefore considered invalid, rendering moot the claim for waiver.

The Veteran's income exceeded the maximum annual special pension limit for a veteran with one dependent, effective December 1, 2007. The appeal is denied as he does not meet the eligibility requirements for pension benefits for the 2008 calendar year.

The Board has determined that the Veteran's service-connected left eye disability does not warrant a compensable rating, but finds that he is entitled to an additional 10 percent rating for pain associated with his left eye.