Other conditions decisions — 2018

Compensation for bilateral lattice degeneration of the retina and bilateral dry eye syndrome is granted, but compensation for bilateral refraction disorder (myopia) and left eye cataract is denied.,The Veteran's bilateral dry eye syndrome is found to be secondary to his service-connected PTSD.

The Board previously denied service connection for the Veteran's left foot conditions. The Court has ordered a remand due to missing private treatment records.

The Board has denied the Veteran's claim of service connection for a right hip disorder and remanded his claim for an increased rating for spasmodic dysphonia due to insufficient evidence. The decision on service connection is pending, while the increased rating issue will be addressed after further examination.

The Veteran's right hip disability is currently rated at 10 percent for painful limitation of flexion. The Board denied a higher rating as there was no evidence of ankylosis or favorable ankylosis, and the Veteran did not have flexion limited to 30 degrees. The claim for TDIU was also denied due to lack of meeting schedular requirements.

The Board denied the reopening of a claim for service connection for residuals of a gunshot wound to the head and neck, finding that new and material evidence did not address the unestablished fact necessary to substantiate the claim.

The Board has granted service connection for B-cell lymphoma associated with BALT (Bronchial Associated Lymphoid Tissue) due to ionizing radiation exposure, but denied service connection for macular degeneration due to non-ionizing radiation exposure.

The Veteran's lumbar spine disability was denied increased ratings, with the April 13, 2010 rating being granted based on findings from a VA examination.

The Veteran's appeal for a total disability rating based on individual unemployability prior to June 15, 2012 has been dismissed due to the death of the appellant.

The Veteran's claim for payment or reimbursement of unauthorized medical treatment at T.J. Samson Community Hospital is remanded due to unclear eligibility criteria and the need for additional information regarding his insurance coverage.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) effective March 9, 2016. The TDIU was also granted on an extraschedular basis from March 17, 2006.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to ionizing radiation and its relation to his multiple myeloma. The claims for SMC, 1151 small bowel disability, 1151 bilateral foot drop and leg atrophy, and 1151 bilateral lower extremity disability are also remanded.

The Veteran's surviving spouse is granted a 'month of death' payment as per VA regulations.

The Veteran's claims of service connection for lung nodules and laryngeal cancer are remanded due to incomplete development regarding asbestos exposure and the need for a VA examination.

The Veteran's appeals for initial compensable ratings for left and right anterior thigh strains, as well as for degenerative joint disease of the left and right hips, have been dismissed due to his withdrawal of the appeal.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Bryan LGH Medical Center due to a private hospitalization from May 30, 2012 through June 3, 2012, as no 'medical emergency' existed and VA facilities were feasibly available.

The Veteran's appeal was dismissed because the appellant requested to withdraw their appeal.

The Board has determined that there are issues regarding the creation of an overpayment of VA improved pension benefits and whether it was properly created. The Veteran's claim will be remanded to allow for a proper accounting of his pension disbursements.

The Board found that the debt for overpayment of educational assistance was properly created, but remanded to consider whether a waiver of all or part of the overpayment debt would be appropriate given the Veteran's credible lay statements about his reliance on DOD regarding the transfer of benefits.

The Board has remanded the case due to issues related to service connection for sleep apnea and increased ratings for hip disabilities. The Veteran's right hip disability is currently rated at 50 percent, but no higher.

The Board has granted the Veteran's appeals for payment or reimbursement of expenses incurred at a non-VA medical facility from December 3 to 6, 2013. The appeal was successful in both cases: one related to Medicare coverage and another regarding timeliness of filing a claim.