Other conditions decisions — 2017

The Board has determined that the Appellant is not entitled to $3,646.55 in attorney fees related to the September 2012 grant of service connection for adjustment disorder with depressed mood due to a disagreement regarding post-traumatic stress disorder (PTSD). The appeal will be remanded to ensure full compliance with contested claims procedures.

The appellant is entitled to $66.00 per month in VA non-service-connected death pension benefits, as her income exceeds the maximum annual pension rate (MAPR) by less than five percent.

The Board found that the effective date of May 1, 2015 for reducing the pension rate to $90 per month based on Medicaid-covered nursing home care was proper. The appellant's pension benefits were reduced due to her Medicaid coverage starting in February 2014.

The Board found that the Veteran does not have a current diagnosis of tardive dyskinesia and therefore denied service connection for this condition. The claim for an increased rating for his right knee disability was also denied as there is no evidence to support a higher rating.

The Veteran's chronic epididymitis and orchitis were not incurred in or aggravated by service, as there is no evidence of a current disability related to his reported symptoms during service. The VA examinations found that the Veteran's current condition was less likely than not caused by his in-service complaints.

The Board denied the Veteran's claim of service connection for a chronic elbow disorder in May 28, 1987. The decision is final as there was no motion for reconsideration and it does not involve CUE.

The Board has determined that the Veteran's bilateral shin splints warrant a 30 percent rating each, but no more, effective from June 2, 2005.

The Veteran's overpayment of VA benefits in the amount of $420.00 has already been recovered, and a waiver to recover this debt is denied as it would not be against equity and good conscience.

The Board has determined that there is no evidence of a right or left leg disability, separate and distinct from the Veteran's service-connected bilateral knee disabilities and radiculopathy. The Veteran does not have a currently diagnosed right or left leg disorder.

The Veteran's hiatal hernia with reflux esophagitis has been rated at a 10 percent disability rating since the initial grant of service connection, which is the maximum schedular rating available for this condition.

The Board has determined that the Veteran's recurrent tachycardia began during her active duty service and grants service connection for this condition.

The Board denied the Veteran's claims for service connection for left foot drop and an initial rating in excess of 30 percent for PTSD prior to April 17, 2009. The Board found that there was no evidence linking the Veteran's left foot drop or PTSD symptoms to his military service.

The Board denied service connection for tremors and denied entitlement to an initial compensable rating for right ear hearing loss. The Veteran's left knee disability was rated as 10 percent disabling, and his diabetes mellitus was rated at 20 percent effective October 28, 2008.

The Board has determined that the Veteran's esophageal cancer did not manifest in service and was unrelated to any disease, injury or event in service, including his presumed exposure to tactical herbicides in Vietnam. The claim for service connection is denied.

The Board found that the Veteran's prostate disability, diagnosed as BPH, was not manifested during service and is not causally or etiologically related to service. As a result, the claim for service connection based on herbicide exposure (Agent Orange) was denied.

The Board denied the Veteran's claim for service connection of a low back disability, finding that it was not incurred or aggravated by his service-connected right and/or left knee disabilities.

The Veteran's unauthorized medical expenses incurred at a private hospital for treatment of his heart palpitations are eligible for reimbursement under 38 U.S.C.A. § 1725 due to the nature of the emergency and lack of availability of VA facilities.

The Veteran's right hip disability has not more nearly approximated flexion limited to 20 degrees, which is required for a higher 30 percent rating. Therefore, the claim for an initial disability rating in excess of 20 percent for right hip arthritis prior to March 1, 2005 and thereafter is denied.

The Veteran's income for the annual year commencing May 1, 2010 is excessive for VA improved pension benefits.

The Board has granted service connection for sickle cell-beta thalassemia, including a history of vaso-occlusive phenomena. The condition is presumed to have been aggravated during active duty.