Other conditions decisions — 2017

The Board denied the Veteran's request for a waiver of overpayment of VA disability compensation benefits in the amount of $39,987.00 due to fault on his part and lack of undue hardship.

The Board has determined that the Veteran's sickle cell anemia with numbness in the left leg and back pain first manifested during his active duty service, establishing service connection.

The Veteran's service-connected head injury with neuropathic pain, right side of face is rated at 10 percent. His Bell's palsy, right side, is also rated at 10 percent. The Board has determined that the criteria for a higher rating are not met under either diagnostic code.

The Board has granted a 60 percent disability rating for gout prior to August 7, 2014, based on frequent and severely painful flare-ups that result in significant functional limitations.

The Board has remanded the case for further examination and opinion regarding the Veteran's claimed colon disability, including villous adenocarcinoma of the colon, due to exposure to Agent Orange. The appeal is currently pending.

The Board found that the Veteran's stroke was not caused by VA care, and thus denied compensation under 38 U.S.C.A. § 1151.

The Veteran's service connection claim for an acquired psychiatric disorder, including PTSD, was granted. The TBI evaluation and TDIU claims are pending.

The Board has determined that the Veteran's stroke in 2005 is not related to his military service and therefore denied his claim for service connection.

The Veteran's service connection claim for periodontal disease, including the extraction of teeth 7, 8, 14, 16, 17, 18, 20, 25, 26, and 31, has been granted. The issue of service connection for treatment purposes is being remanded.

The Veteran's left TMJ strain has not been productive of lateral excursion of 4 millimeters or less, inter-incisal range of motion of 40 millimeters or less and has not resulted in additional functional loss at any time during the appeal. As such, his claim for an initial compensable evaluation is denied.

The Board found that the Veteran's gynecomastia was not caused by VA-prescribed medications, specifically Lisinopril and Omeprazole. The preponderance of evidence supports this conclusion.

The Veteran's claim for reimbursement of a privately purchased headstone is denied as he is still alive and thus not eligible for this benefit.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his service-connected traumatic arthritis of the right acromioclavicular joint.

The Board has remanded the case due to procedural errors and a need for issuance of a Statement of the Case (SOC). The appellant will have an opportunity to perfect her appeal if she wishes.

The Veteran's bilateral heel spurs and plantar fasciitis have been rated at a noncompensable level since March 28, 2011. The VA has determined that the current ratings adequately reflect the severity of his disability.

The Board has determined that the Veteran's lung condition, diagnosed as COPD, is not related to his service or exposure to asbestos. The claim for service connection is denied.

The Veteran's bilateral great toe disability has been rated as 10 percent for the entire initial rating period on appeal, based on pain and mild restriction of motion in both joints.

The Board has determined that the Veteran's alcohol dependence and restless leg syndrome are secondary to his service-connected PTSD, warranting service connection for both conditions.

The Board found that the Veteran's eye disability, other than residuals of bilateral eye injuries, did not manifest during or as a result of military service and is not etiologically related to any service-connected disability.

The Veteran's left cranial nerve disability, specifically the fifth (trigeminal) cranial nerve, is rated at 30 percent due to severe incomplete paralysis of the nerve. The Board finds that her symptoms warrant this higher rating.