Other conditions decisions — 2018

The Board has decided to remand the claims for emphysema and pleural plaques due to insufficient rationale provided in the VA examination regarding the relationship between these conditions and service. The Veteran's smoking history and exposure to asbestos are also factors that need clarification.

The Board has granted an extension of the temporary total rating for convalescence related to service-connected left metatarsophalangeal joint (MTPJ) degeneration with reconstruction, and remanded the issue of a disability rating in excess of 10 percent for deterioration of the right first MTPJ.

The Board has decided the validity of an overpayment made due to a revoked transfer of entitlement and has ordered it to be remanded for further action.

The Board denied service connection for a bilateral eye disability characterized as moderate anisometropia and presbyopia, finding that the Veteran does not have a current diagnosis of an eye disability for VA compensation purposes.

The Board has remanded the case due to incomplete information regarding the Veteran's insurance coverage and associated medical records. The Veteran is seeking reimbursement for unauthorized medical treatment at two hospitals, but his eligibility depends on whether he had personal liability for these expenses given his Medicare coverage.

The Board granted the appellant's claim as a Camp Lejeune family member, finding that she resided within the affected area for at least 30 days prior to December 31, 1987.

The Board has remanded the case due to the need to verify and upload documents submitted by the appellant at a March 2018 Board hearing, which are relevant to the claim for an earlier effective date for service connection for the cause of the Veteran's death.

The Veteran's active duty service at the USAFA and obligated period of service were excluded from qualifying active duty for Post-9/11 GI Bill benefits. The Veteran did not have 90 days of qualified active duty when he took the July 29, 2014, test.

The Veteran's deviated septum is found to have resulted from a motor vehicle accident during service, and the Board grants service connection for this condition.

The Board denied the appeal as the overpayment of VA compensation benefits was properly created due to the Veteran's failure to notify VA of his incarceration, which resulted in an overpayment debt.

The Veteran's appeal regarding the special apportionment of his VA disability compensation benefits on behalf of his dependent daughter, K.V., is denied as there was no undue hardship to the Veteran.

The Board has granted an extension to July 31, 2013 for a temporary total evaluation based on the service-connected right foot disability requiring convalescence. The evidence is in equipoise as to whether the surgery required further convalescence past July 31, 2013.

The Veteran's service-connected status post ulcer on dorsum, left foot with residual pain and bony callus formation is rated at 30 percent effective from September 14, 2015.

The Veteran's claims for esophageal cancer, throat cancer, and laryngeal cancer are denied. The Board found no evidence of a current disability related to the conditions or service connection based on exposure at Camp Lejeune.

The Veteran's income exceeded the maximum annual pension income allowable, thus denying his claim for payment of nonservice-connected disability pension benefits.

The Veteran's bilateral foot disability, characterized by pes cavus and hallux valgus deformities, has been rated at 50% since February 14, 2011. The Board found that the condition more nearly approximates a claw foot involving hammer toes, very painful callosities, and marked varus deformity.

The Board denied service connection for left and right lower extremity muscle disabilities, dizziness, a respiratory disorder (non-specific breathing problems), and hypotension. The Veteran's muscle disabilities are found to be due to his already service-connected peripheral neuropathy.,Service connection was also denied for the respiratory disorder, as there is no evidence of an in-service incurrence or aggravation of such condition.

The Board denied the appellant's claim for survivor’s pension benefits from January 1, 2007 through December 31, 2012 due to her exceeding the Maximum Annual Pension Rate (MAPR) with countable income.

The Veteran's son is permanently incapable of self-support prior to reaching the age of 18 due to mental and intellectual disabilities.

The Board denied the Veteran's claim for an earlier effective date for spousal dependency benefits, finding that he did not provide proper documentation and information regarding his marriage to E.C. until March 30, 2016, more than one year after their marriage.