Other conditions decisions — 2017

The Veteran's claim for compensation under 38 U.S.C. § 1151 is being remanded due to the need for a VA dental opinion regarding whether there is bone loss of the maxilla or mandible due to trauma, and if so, whether it was caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding whether the Veteran's diverticulosis is related to service or his service-connected peptic ulcer.

The appellant requested an opportunity to testify before the Board, but that request is moot. The appellant and her representative have withdrawn their appeal.

The Board has remanded the case due to the need to obtain additional private and VA treatment records, as well as provide a videoconference hearing for the appellant.

The Board found that the Veteran's preexisting pilonidal cyst did not permanently increase in severity during service, and thus denied his claim for service connection.

The Board has determined that the Veteran's essential tremor is an organic disease of the nervous system and manifested within one year of separation from service. Therefore, the claim for service connection is granted.

The Veteran's left leg thrombophlebitis with DVT is currently evaluated at a 20 percent rating, and the evidence does not support an increase in this rating.

The Veteran's death was not proximately caused by VA medical treatment, and therefore DIC benefits under 38 U.S.C.A. § 1151 for the cause of his death are denied.

The Veteran does not have a current right hip disorder and the Board finds that he is not entitled to service connection for this condition.

The Board has determined that the Veteran does not have a dental disability for VA compensation purposes and therefore denied his claim of service connection for bridge placement due to chronic periodontal disease. The issue of increased rating for lumbar spine disability is referred back to the AOJ for further action.

The Board has determined that the Veteran's skin disorder on the shins did not manifest to a compensable degree within one year of service separation and was not caused by service, including an in-service motor vehicle accident. The psychiatric disability was characterized as mild or transient symptoms during periods of significant stress prior to October 6, 2011, and reduced reliability and productivity from October 6, 2011, to March 15, 2016. From March 16, 2016, the disability was characterized as deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood.

The Board has granted service connection for chronic myelogenous leukemia on a presumptive basis due to exposure to herbicide agents in service.

The Board has determined that the criteria for payment of attorney fees from past-due benefits resulting from a March 2012 rating decision's award of TDIU are not met, as the legal criteria were not satisfied.

The Veteran's claim for reimbursement of $252.00 in medical bills incurred during his emergency treatment at Baptist Medical Center is granted as the condition was considered emergent and VA facilities were not feasibly available.

The Veteran's appeal is being remanded due to technical issues with the hearing transcript and a request for a new videoconference hearing. The case will be returned to the Board after the hearing.

The Veteran withdrew her appeal regarding the issues of entitlement to a rating in excess of 10 percent for her service-connected left foot disability, including entitlement to TDIU.

The Board finds that the appellant's discharge from service was not due to willful and persistent misconduct, thus his character of discharge is not dishonorable and does not bar him from receiving VA benefits.

The Board determined that the overpayment of VRAP benefits in the amount of $2581.87 was not validly created, and thus granted the appeal.

The Board has remanded the case for additional development, including sending the Veteran VCAA notices and readjudicating his claim.

The Board has determined that the Veteran's thoracic spine disorder is not service-connected, but his neurologic abnormalities are secondary to a service-connected lumbar spine disability. The claim for compensation under 38 U.S.C.A. § 1151 was reopened and granted.