Other conditions decisions — 2017

The Board found that the appellant's service records were unverifiable and did not establish a period of active duty for training (ACDUTRA) or inactive duty training (INACDUTRA). Therefore, the appellant was denied status as a veteran.

The Board denied the appellant's claim as she was not recognized as the Veteran's surviving spouse for VA death benefits purposes due to her divorce from the Veteran at the time of his death.

The Veteran's right foot disability, characterized as moderately severe prior to July 10, 2013, and severe thereafter, is rated at 20 percent since the initial grant of service connection. The appeal for a left knee condition remains pending.

The Veteran's appeal is remanded due to the need for additional VA examinations and treatment records, as well as further consideration of his claim.

The Board has determined that a higher rating for the Veteran's service-connected degenerative joint disease of both knees is not warranted based on limitation of flexion. However, separate ratings of 20 percent and 10 percent are assigned for limitation of extension in the right knee and left knee respectively.

The Board has remanded the Veteran's claims for additional development due to outstanding VA medical records and the need to review private dental treatment records. The case will be returned to the Board after this is completed.

The Board has determined that the appellant's income exceeds the maximum annual pension rate for a surviving spouse without dependents, thus denying her entitlement to non-service-connected death pension benefits from September 1, 2011 until March 28, 2016.

The Veteran's appeal is being remanded due to the need for an updated VA examination and additional treatment records.

The Board denied the appellant's claim as his service in the U.S. Merchant Marines after August 15, 1945 does not constitute qualifying 'active military, naval, or air service' for VA compensation benefits.

The Veteran's liver condition is service connected due to exposure to herbicide agents in Vietnam.,Service connection for the Veteran's prostate condition cannot be established as it did not manifest during service and there is no evidence of a nexus between his current condition and his active duty.

The Veteran's appeal is remanded for additional development, including obtaining a VA medical opinion to clarify the etiology of his claimed neurological disorder and updating treatment records from Huntington VAMC.

The Board has determined that the Veteran does not have any psychiatric disorder other than cannabis use disorder and a personality disorder, which are not service-connected.

The Veteran's claim for a refund of $1,200 in contributions to the VEAP is granted.

The Veteran withdrew his claim for educational benefits, and the appeal is dismissed.

The Board found that any debt based on chapter 33 payments issued prior to December 28, 2012 is valid. Any amount of debt based on chapter 33 payments made on or after December 28, 2012 is not valid due to VA's administrative error.

The Board denied the Veteran's claim for an earlier effective date for service connection of varicose veins in the right lower extremity, finding that February 10, 2010 is the earliest possible effective date due to the lack of timely appeal and reopening of the claim.

The Board found that the proximate cause of the Veteran's cognitive impairment following a hemorrhagic stroke was not due to VA carelessness, negligence, or lack of proper skill. The event (the hemorrhagic stroke) was also not reasonably foreseeable. Therefore, the claim for benefits under 38 U.S.C.A. § 1151 was denied.

The Board has determined that additional development is needed to determine if the Veteran's post-polio syndrome existed prior to his entry into active duty and whether it was aggravated by service. The case is therefore being remanded for further action.

The Board finds that the Veteran's liver cysts and liver enzymes were not caused by negligence or carelessness on the part of VA in prescribing medications for service-connected disabilities, and thus denies the claim for compensation pursuant to 38 U.S.C.A. § 1151.

The Veteran's current degenerative joint disease of the first metatarsophalangeales, bilaterally, and flexion contractures of bilateral second through fifth toes began during his active duty service.