Other conditions decisions — 2017

The Veteran's appeal is denied as the evidence does not support an extraschedular rating for his service-connected right thigh muscle disability.

The Board has ordered a remand to obtain an additional VA medical examination addressing whether the Veteran's service-connected disabilities render him unable to obtain or maintain gainful employment. The TDIU claim is currently in remand status.

The Board found that the Veteran's current lung disability is not related to his service and denied his claim for service connection.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions regarding his stomach disorder and skin rash.

The Veteran's claim for reimbursement from accrued amounts due a deceased beneficiary as an accrued benefit was denied because the appellant filed her application over one year after the Veteran's death.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for the cause of the Veteran's death. The Board also finds that the Veteran's congestive heart failure, which is presumed due to herbicide exposure in service, contributed to his death from pneumonia.

The Veteran's degenerative changes of the right foot resulted in some subjective complaints of pain but were not shown to be productive of overall moderate foot impairment, and did not involve arthritis with associated functional impairment affecting two or more minor joint groups. The schedular criteria are adequate to rate the Veteran's condition at all pertinent points prior to November 1, 2012.

The Board has determined that it is appropriate to waive approximately one-sixth of the total overpayment, or $2,160.00, as this amount is not unduly favorable or adverse to either side and stands as a fair decision between the appellant and the government in accordance with the principles of 'equity and good conscience.'

The Veteran's service-connected cold injury residuals to both feet have been rated at 20 percent, and the Board finds that this rating adequately reflects his disability level and symptomatology.

The Veteran is seeking service connection for a left eardrum disability, which he claims had its onset during active duty. The Board has determined that additional development is needed to address the claim.

The Board finds that an effective date prior to December 1, 1997, for payment of additional compensation based on the dependent status of the Veteran's spouse and son is denied due to failure to provide necessary documentation within one year of notification.

The Board denied the Veteran's claims for service connection for a skin disorder, including Porphyria Cutanea Tarda (PCT), and an initial compensable rating prior to January 14, 2014, for bilateral hearing loss.

The Board denied the Veteran's claims for a higher rating for encephalalgia and entitlement to TDIU due to encephalalgia from June 1, 2004. The criteria used in the rating schedule adequately describe the Veteran's disability level and symptomatology.

The Veteran's additional disability of the back, including a broad-base disc bulge at L4-5 and S1 vertebrae with disc protrusion at L5-S1 vertebrae, is due to negligence during VA in-patient psychiatric treatment in May 2005. The Board finds this meets the criteria for benefits under 38 U.S.C.A. § 1151.

The Veteran's bilateral eye disability is not service-connected as it is a developmental defect and not a disease or injury.,For the rating period prior to April 8, 2010, the Veteran's HIV-related illness was manifested by recurrent constitutional symptoms or intermittent diarrhea. For the rating period beginning April 8, 2010, the Veteran's HIV-related illness has been manifested by symptoms consistent with the development of an AIDS-related opportunistic infection or neoplasm.

The Veteran's appeal is being remanded for additional development to address the issues of service connection for residuals of a right foot injury and an increased rating for flexion contracture of the right PIP joint.

The Veteran's DJD, left hip, is rated at 60 percent disabling. The Board also granted a TDIU based on the combined rating of his service-connected disabilities.

The Board found that the Veteran's diagnosed eye disorders are not etiologically related to service or his service-connected diabetes mellitus, type II. Therefore, the claim for service connection was denied.

The Veteran withdrew his claim for an increased rating for lung disability.

The Veteran's claim for an earlier effective date than September 7, 2004, for a grant of service connection and a 100 percent rating for a mood disorder due to TBI is denied as the evidence does not support an earlier effective date.