Other conditions decisions — 2017

The Veteran's current bilateral eye disorders did not manifest in service and are not otherwise related to his military service. The Board finds that the Veteran's claim for a GSW of the right side with retained foreign bodies, adhesions, and limitation of motion of the right arm is denied as there was no evidence linking these conditions to service.

The Veteran's appeal for separate disability ratings under Diagnostic Codes 5317 and 5319 has been granted by the AOJ in an April 2017 rating decision, with a 40 percent disability rating assigned for muscle injury to MG XVII, a 30 percent disability rating for muscle injury to MG XVI, and a 30 percent disability rating for muscle injury to MG XIX. The effective date is September 23, 1992.

The Veteran's claim for a right leg disability, claimed as secondary to service-connected thoracic spine disability, was denied because there is no current diagnosis of such a condition.

The Board found that N.G.M. could not be recognized as the child of the Veteran for dependency benefits prior to December 1, 2014 due to lack of adoption and other legal criteria.

The Board found that the Veteran's arthritis is not related to service, specifically cold exposure during ACDUTRA. The preponderance of evidence does not support a finding that his current arthritis is due to service.

The Board has remanded the case for additional development, including obtaining records from VAMC Muskogee and reviewing the June 2015 echocardiogram results. The Veteran's claim will be reconsidered based on this new evidence.

The Board denied an extraschedular rating for the service-connected left eye disability and denied entitlement to TDIU due to lack of evidence showing the Veteran is rendered unemployable solely due to his service-connected disabilities.

The Veteran's pension benefits were denied for the periods from 2006 through 2008 and 2010 through 2014 due to his income exceeding the maximum allowable limit.

The Veteran's lumbodorsal spine disability was not found to meet the criteria for a higher evaluation, and thus his initial increased rating claim is denied.

The appeal has been dismissed as the Veteran's authorized representative withdrew the appeal prior to a decision being made.

The Board finds that the overpayment of $13,128.53 is valid and grants a waiver of recovery.,A remand is necessary to determine if the second debt of $7,585.24 is valid.

The Veteran's right eye cataracts, detached retina, and ptosis are found to be the result of an in-service boxing injury. Service connection is granted for these conditions.

The Veteran's service-connected short term memory loss/cognitive impairment due to a lightning strike is currently rated at ten percent, and his service-connected polyneuropathy of the lower right extremity is rated at ten percent. The Veteran does not meet criteria for an increased rating as his symptoms do not warrant a higher evaluation.

The Board found that the lump sum payment from the Veteran's Individual Retirement Account (IRA) was properly considered to be countable income and thus, denied the appellant's appeal.

The appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a pleural plaque disability examination to obtain predicted FVC and DLCO scores. The issue on appeal remains denied.

The Veteran's left lower extremity varicose veins are currently rated as 30 percent disabling prior to September 30, 2013 and 40 percent disabling beginning that date. The right lower extremity varicose veins are currently rated as 10 percent disabling prior to September 30, 2013.,The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's current eye conditions and their relation to service. The Veteran will need a new VA examination to clarify his diagnoses and determine if they are related to his in-service exposure.

The Veteran's cause of death, end stage interstitial lung disease, was not found to be related to his active service or any presumptive exposure. The Board determined that the evidence did not support a finding that the Veteran's service-connected PTSD contributed substantially or materially to his death.

The Veteran withdrew his appeal, leaving no issues for the Board to decide.

The Veteran's appeal for a higher rating for his service-connected adjustment disorder, to include nightmare disorder, cocaine dependence and alcohol dependence (collectively 'adjustment disorder'), has been granted. He is also awarded TDIU due to the combined effect of his service-connected conditions. The right knee disorder and left arm injury claims have been withdrawn by the Veteran's representative.