Other conditions decisions — 2017

The Veteran's appeal is being remanded due to the need for additional development, including a new VA examination and consideration of recent submitted evidence.

The Veteran's failed back syndrome, with additional symptoms of peripheral neuropathy, has been rated at 20 percent since December 30, 2009. The claim for TDIU is granted beginning on June 9, 2011.

The Board has granted service connection for right-sided myofascial pain syndrome, finding it at least as likely as not related to the Veteran's military service. The claim for loss of sensation in the left upper extremity is denied due to lack of evidence supporting a current diagnosis.

The Board finds that the decedent is not eligible for interment in a VA national cemetery due to lack of active military service and does not meet eligibility criteria based on his National Guard service.

The Board found that a current skin disorder, diagnosed as multiple lipomas, did not have its onset in service and is not due to a disease or injury in active service, including exposure to herbicides.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA skin examination. The current noncompensable rating assigned to his service-connected skin disability of the feet may not adequately reflect its severity.

The Board denied an extraschedular rating for the Veteran's service-connected spondylolisthesis with herniated nucleus pulposus, L5-S1, as the evidence did not show frequent hospitalizations or surgical procedures and there was no marked interference with employment.

The Veteran's service-connected mechanical back pain has not met the criteria for a higher rating, and his non-service connected HNP does not affect his ability to work.

The Board has determined that the Veteran's genitourinary disorder, claimed as a groin condition and cystitis, is not related to service. Therefore, service connection for this disability is denied.

The Veteran's current skin disorder (xerosis) is as likely as not due to his service-connected diabetes mellitus, and the Board grants service connection for this condition.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) prior to October 26, 2015 has been dismissed due to the Veteran's withdrawal of the appeal.

The Veteran and the appellant established a common law marriage for at least one year prior to his death, and they had no knowledge that Ohio did not recognize common law marriages when they began cohabitating in June 1993. The Board granted recognition as the surviving spouse of the Veteran.

The Veteran was overpaid $2,666.80 due to a delay in processing his request for his son's removal from VA education benefits. The Board found that the fault lies entirely with VA and that recovery would not be against equity and good conscience.

The Board has determined that the overpayment of $3,000 for educational benefits is valid and recovery from the Veteran would not be against equity and good conscience.

The Veteran's appeal for service connection for a sleep disorder is dismissed as moot due to the grant of service connection for PTSD. The issues related to his nervous condition have been recharacterized and granted, making the original claim moot.

The Veteran's claim for service connection for histoplasmosis is being remanded due to insufficient competent medical evidence on file, and a VA examination is needed.

The Veteran withdrew his appeal regarding entitlement to nonservice-connected pension at the March 2016 Board hearing.

The Veteran's claim for an effective date earlier than July 2, 2013, for payment of compensation under 38 U.S.C.A. § 1151 for left eye vision loss was denied as there is no legal basis for assignment of any earlier effective date.

The VA determined that the appellant's service-connected right occipital scar and associated headaches do not warrant a rating in excess of 10 percent.

The Board has granted service connection for constipation, finding that the Veteran's condition is related to his service-connected type 2 diabetes mellitus.