Other conditions decisions — 2017

The Veteran's claim for an increased rating for his service-connected spinal stenosis is being remanded due to the need for additional evidence and a new VA examination.

The Veteran's claim of service connection for discoid lupus erythematosus was reopened due to new and material evidence. The Board found that the condition had its onset during service and is related to sun exposure, granting service connection.

The Veteran's lung disorder and hand disability claims are being remanded for additional development to clarify the etiology of his conditions, including consideration of in-service motor vehicle accident frostbite.

The Board has dismissed the appeal of the issue regarding a waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $16,442.35 as the Veteran's spouse demonstrated that he is satisfied with the partial grant of benefits and wishes to withdraw the appeal.

The Veteran's claim for service connection for multiple myeloma is being remanded due to the need for additional development, including obtaining records of radiation exposure and verifying any herbicide exposure.

The Veteran's claim for an initial rating higher than 20 percent for his service-connected fracture of maxilla and zygomatic arch and maxillary bone was denied by the Board.

The Board has ordered a remand for the Veteran's claim of service connection for a respiratory condition due to Gulf War hazards as an undiagnosed illness. The remand is in response to inadequate examination and opinion provided by VA, which did not consider the Veteran's reported breathing test results.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling a VA examination to determine the nature and etiology of any diagnosed stomach disorder. The issues of entitlement to service connection for a stomach disorder; and entitlement to a total disability rating based on individual unemployability remain pending.

The Veteran's residuals of a brain concussion are rated at 30 percent, effective from the date of this decision. The issue of entitlement to TDIU is also addressed and remanded.

The Veteran's remains were unclaimed, and the appellant is entitled to burial benefits as there are no next of kin claiming the remains and insufficient resources in the Veteran's estate to cover the funeral expenses.

The Board has determined that the severance of benefits for BVT under 38 U.S.C. §1151 was not proper and restoration of benefits is warranted. The November 1992 rating decision denying service connection for tinnitus did not contain clear and unmistakable error.

The Board found that the Veteran's substantive appeal for service connection of a right inguinal hernia was timely, and thus granted his claim.

The Veteran's service connection claim for multiple myeloma is granted as the condition was manifested to a compensable degree and he was exposed to herbicides during his service aboard the USS Lyman K Swenson.

The Board has determined that the Veteran was eligible for benefits under the Veterans Retraining Assistance Program (VRAP) for the term from September 24, 2012, to January 19, 2013, based on full-time enrollment.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and Social Security Administration records. The TDIU claim will be adjudicated again.

The Veteran's VA physician encouraged him to have lap band surgery, which was not covered by VA. The Veteran needed the lap band adjusted and sought reimbursement for services rendered at Northwest Weightloss Surgery on January 6, 2012. The Board found that VA authorized these services.

The Board found that the Veteran's epididymitis with hematuria, status post resection, was not incurred during his active duty service and therefore denied service connection.

The Veteran's service-connected PTSD is found to have aggravated his fatal cardiovascular disease, contributing substantially and materially to the cause of his death.

The Veteran's appeal is being remanded for additional development to address the service connection and rating issues.

The Board denied the Appellant's request to apportion the Veteran's nonservice-connected pension benefits, finding insufficient evidence of hardship and incomplete financial information provided by both parties.