Other conditions decisions — 2017

The Veteran's claim is being remanded due to the need for a supplemental opinion from the June 2017 VA examiner regarding whether he experienced additional left eye disability as a result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Board has granted a rating of 30 percent for limitation in flexion of the right hip and left hip, effective from October 15, 2003. The Veteran's bilateral avascular necrosis is rated as 10 percent disabling under Diagnostic Code 5299-5252 (thigh, limitation of flexion).

The Board has remanded the case for further development, including obtaining an addendum opinion regarding whether the Veteran's tremor disorder was caused by his service in Southwest Asia.

The Veteran's military service does not meet the threshold service eligibility requirements for VA non-service-connected pension benefits.

The Veteran withdrew his appeal for service connection for lower back pain and callus, right fifth finger.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of his claim.

The Board found that the Appellant's discharge under other than honorable conditions resulted from willful and persistent misconduct, was not due to a mere minor offense, and his service was not honest, faithful, and meritorious. The character of the Appellant's service is therefore considered a bar to VA benefits.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his service-connected right and left knee disabilities, as well as for further development.

The Veteran's request for a waiver of overpayment was not timely filed, as it was received more than 180 days after the notice of indebtedness. The Board denied the appeal.

The Veteran's appeal is remanded due to the need for a VA examination and additional medical records.

The Board has denied the Veteran's claim for service connection for a disability manifested by neck pain, finding that it is less likely than not related to her service-connected lumbar spine disability. The issue of an evaluation in excess of 20 percent for her service-connected lumbar spine disability remains pending.

The Veteran's nonservice-connected pension was terminated due to a claim of clear and unmistakable error in the August 2003 rating decision. The issue is whether his discharge from active duty service was justified under specific VA regulations.

The appellant's income for VA purposes (IVAP) exceeded the applicable maximum annual death pension rate (MAPR), thus her eligibility for nonservice-connected death pension benefits is denied.

The Veteran seeks a waiver of overpayment for Chapter 31 and pension benefits from December 1, 2006 to December 31, 2012. The appeal is remanded due to insufficient evidence regarding the validity of the debt and the basis of its creation.

The Veteran's appeal for an earlier effective date for TDIU was denied. The earliest available effective date is April 28, 2011.

The Board has determined that the Veteran's right and left thigh gunshot wound residuals warrant increased ratings to 20% and 40%, respectively, under Diagnostic Codes 5315 and 5314. The current disability ratings are granted.

The Veteran's claim for a rating in excess of 40 percent for loss of use of the left foot is denied, but he is granted a total disability rating based on individual unemployability due to service-connected disabilities.

The Board denied a request for a waiver of overpayment in the amount of $6,228.00 due to the Veteran's failure to report his spouse's income and VA's timely issuance of a letter requesting this information.

The Veteran's claim of service connection for prostate swelling with intimacy problems and nocturia is moot as his entitlement was granted in a September 2015 rating decision. The Board found that the criteria for a rating in excess of 10 percent for hydradenitis suppurativa have not been met, but granted service connection for this condition. The Veteran's claim of service connection for sleep disorder and neck disorder were denied.

The Veteran's service-connected residuals of excision of ganglion cyst of the left foot with metatarsalgia and neuritis are rated at 30 percent, effective throughout the appeal period. The Veteran is also entitled to a separate 10 percent rating for his scar of the left foot as of June 12, 2013.