Other conditions decisions — 2017

The Veteran's appeal for service connection for post traumatic stress disorder has been dismissed due to the death of the appellant.

The Veteran's degenerative joint disease of the right elbow is currently evaluated at 10 percent disabling. The claim for an earlier effective date for a separate evaluation for his right elbow injury, status post surgery, was denied.

The Board has granted entitlement to SMP for a surviving spouse based upon the need for regular aid and attendance of another person. The issue of service connection for the cause of the Veteran's death is remanded.

The Board has granted the Veteran Class II dental treatment for periodontal disease of tooth 19 and 31, as it meets the eligibility requirements. The appeal is not about service connection but rather about receiving treatment.

The Veteran's claim for payment from the FVEC fund in excess of $9000 was denied as he is not a U.S. citizen, and therefore does not qualify under the terms of The American Recovery and Reinvestment Act.

The Board found that the Veteran does not have a current disability of the back that manifested during, or as a result of, active military service. The claim for service connection for a ruptured back disc was denied.

The Veteran's appeal is being remanded due to the need for a VA examination of his right knee disability, as previous examinations did not meet the requirements set forth in Correia v. McDonald.

The Veteran's death was not due to a service-connected disability, and the appellant did not file for non-service connected burial benefits within two years of his burial. Therefore, the claim is denied.

The Veteran's claim for a rating in excess of 40 percent for postoperative chorioretinitis and early cataracts was denied. The Board found that the evidence did not support an evaluation higher than 40 percent, as his disability had been rated at or above 40 percent for over 20 years (protected). For the period prior to August 23, 2016, the Veteran's combined rating of 60 percent was insufficient to warrant a TDIU on an extraschedular basis. After August 23, 2016, his combined rating of 80 percent did not meet the criteria for a TDIU.

The Board found that the overpayment of $3000.00 was not properly created and thus the debt is invalid, leading to a denial of the waiver request.

The Board has remanded the case for further action on both the validity of the overpayment and the Veteran's request for a waiver of the debt.

The Board has remanded the case for additional development, including obtaining an addendum medical opinion from a VA psychiatrist to determine if the appellant was insane under VA regulations at the time of his discharge.

The Veteran's current cardiovascular disorder is found to have begun during his active service, and the Board grants service connection for this condition.

The Veteran's cubital tunnel syndrome of the right upper extremity is currently rated at 30 percent, and his left upper extremity is rated at 10 percent. These ratings are effective since February 6, 2013.

The Veteran's claims for increased ratings for arthritis of the right and left hips are being remanded due to a lack of a VA hip examination.

The Board has remanded the case due to missing documents and additional development is required.

The Board has remanded the case due to missing documents and additional development is required.

The Board has determined that the Veteran's current benign prostatic hypertrophy is related to his service-connected chronic prostatitis, and thus grants service connection for this condition.

The Board has determined that the Veteran's breast cancer was not caused or aggravated by her service-connected benign brain tumor and is unrelated to service. Therefore, the claim for service connection for breast cancer is denied.

The Veteran's service-connected panic disorder has been shown to be of such severity as to preclude substantially gainful employment from January 1, 2016. As a result, the claim for TDIU is granted.