Other conditions decisions — 2017

The Board has determined that the appellant's current bilateral foot disability did not pre-exist service and was not aggravated by his brief period of active duty training (ACDUTRA). Therefore, service connection for a bilateral foot disability is denied.

The Board found that the Veteran does not have a current orthopedic left leg disorder or spine disorder, and thus denied his service connection claims for these conditions. The claim for tinnitus was also denied as there is no higher rating available under the applicable VA Schedule for Rating Disabilities.

The Board denied the Veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional disability to the left great toe resulting from VA surgery on April 2, 1999 in August 2002 due to lack of evidence showing that the surgery was the proximate cause of his symptoms.,The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of hernia repair surgery performed at a VA facility on July 28, 2008 in February 2010 was also denied due to lack of evidence showing that the surgery was the proximate cause of his symptoms.

The Veteran seeks a HISA grant for modifications to his home to allow more effective access to the shower/bathtub facilities within the bathroom. The case is REMANDED due to lack of consideration of the feasibility of altering the Veteran's shower rather than his bathtub, and the fact that the Veteran has suffered an injury due to use of those bathroom facilities.

The Board has determined that the Veteran's urinary incontinence and bowel dysfunction are at least as likely as not caused by his service-connected back disability, thus granting service connection for these conditions.

The Veteran's claims for reimbursement of emergency medical treatment received on February 18, 2013 were denied as the claims were not filed within the required 90-day period after discharge from the facility.

The Veteran withdrew his appeal, thus the case is dismissed.

The appellant's time as a pre-cadet at USAFAPS does not qualify for active duty service under Chapter 33 of the U.S. Code, and therefore he is not eligible for VA educational benefits.

The Veteran's adjustment disorder is related to his service in Vietnam, and the Board has granted service connection for this condition.

The Veteran has requested to withdraw his appeal regarding TDIU, and the Board is dismissing this issue.

The Veteran's request for waiver of overpayment due to a change in dependents was denied because he demonstrated significant fault in the creation of this debt by not notifying VA of the change in his dependents until several years after his former wife died.

The Board has remanded the case for further development and readjudication, including consideration of medical expenses incurred from July 22, 2013 through April 17, 2017.

The Board denied an increased rating for the residuals of a fracture to the left ramus of the mandible and denied a rating in excess of 10 percent for loss of denture due to trauma. The effective dates for both ratings were legally precluded as they had already been granted prior to the June 2015 Board decision.

The Veteran's appeal has been dismissed due to his death. The claim for special monthly compensation based on the need for regular aid and attendance or by reason of being housebound is no longer valid as the appellant died in September 2017.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of groin injury/right inguinal hernia repair is denied as there was no additional disability resulting from the May 2009 right inguinal hernia repair.,The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for removal of right testicle due to May 2009 procedure is granted as it was a direct result of the May 2009 right inguinal hernia repair and not reasonably foreseeable.

The Board denied both claims for service connection and increased rating, finding no current disability or evidence of in-service injury that would support the claims.

The Board denied an initial compensable disability rating for a service-connected ventral hernia, finding that the Veteran's condition did not warrant such a rating based on lack of surgery and no need for a supportive belt.

The Veteran died from lobar pneumonia in 1999. The VA examiner determined that the cause of death was not related to his service, including presumed herbicide exposure.

The Veteran's claim for an increased rating for her right knee condition is being remanded due to the need for additional relevant treatment records.

The Board finds that the Veteran's current loss of vision in his left eye is etiologically related to his active duty service, and grants service connection for residuals of a left eye injury.