Other conditions decisions — 2017

The Board has determined that the May 2012 rating decision granting service connection for a psychosis/mental illness for the purpose of establishing eligibility for medical treatment only was not clearly and unmistakably erroneous, thus restoring this benefit.

The Veteran's appeal for special monthly compensation based on aid and attendance has been dismissed due to his death.

The Veteran's appeal is being remanded for scheduling a video conference hearing before a Veterans Law Judge at the Pensacola VA office.

The Board has dismissed the appeal due to the death of the appellant.

The Board has reopened the claim for service connection for multiple myeloma due to exposure at Camp Lejeune and finds that it is etiologically related to this exposure. The Veteran's current diagnosis of multiple myeloma, along with medical opinions linking his condition to his military service at Camp Lejeune, meets the criteria for service connection under presumptive provisions.

The Board has denied the appellant's request for an effective date prior to November 12, 2009 for the grant of service connection for DIC benefits based on the cause of the Veteran's death. The effective date was assigned as the date of receipt of her application to reopen her previously denied claim.

The Board found that the Veteran's symptoms of irregular sleep patterns, forgetfulness, sore joints, and extreme fatigue were not due to an undiagnosed illness or service connection, but rather related to obstructive sleep apnea. The claim for service connection was denied.

The Board finds that VA did not cause the Veteran's right below-the-knee amputation due to his heel ulcer and osteomyelitis, as he was non-compliant with treatment recommendations. The event of him continuing to smoke, weight bear, and disregard instructions is considered reasonably foreseeable.

The Veteran's appeal has been withdrawn by the appellant, and thus the case is dismissed.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the deceased Veteran for VA benefits purposes.

The Board has determined that the effective date for the award of disability pension benefits with aid and attendance is October 19, 2015. The Veteran's April 27, 2015 correspondence was not in a standard format to be considered an informal claim, and his completed VA Form 21-527EZ on October 19, 2015 was the first properly filed application form.

The Board has denied the Veteran's claim for service connection for myocarditis, finding no etiological relationship between the current cardiovascular condition and active service. The evidence does not support a finding of service connection based on direct service connection.

The Veteran's appeal has been dismissed due to his death.

The Board has determined that the Veteran's autoimmune disorder, ulcerative colitis/inflammatory bowel disease, and arthritis are all related to service. The claims for these conditions have been granted.

The Veteran's claim for a second clothing allowance in 2015 was denied as the medication prescribed (triamcinolone) did not cause irreparable damage to his outergarments, according to VA guidelines.

The Board found that the overpayment of $1,178.00 in improved pension benefits was properly created and calculated based on reported income. The Veteran's fault for not reporting additional income did not outweigh VA's responsibility to recover the debt due to his receipt of benefits in excess of subsistence income.

The Veteran's service-connected residuals of a left tibia fracture with arthritis have been manifested by no more than malunion of the tibia with marked ankle impairment, warranting an initial rating of 30 percent.

The Board has granted service connection for myelodysplastic syndrome (MDS) on a presumptive basis due to exposure to contaminants in the water supply at Camp Lejeune.

The Veteran is granted service connection for a cognitive disorder, which the Board finds to be a diagnosable chronic multisymptom illness with a partially explained etiology. The claim is based on new and material evidence.

The Board has determined that the Veteran's current diagnosis of premature ventricular complexes (PVCs) is related to his service-connected cervical spine disability, and thus grants service connection for this condition.