Other conditions decisions — 2018

The Board denied a request for an earlier effective date for the grant of service connection for degenerative joint disease and intervertebral disc syndrome of the cervical spine, finding that the Veteran did not file a new claim after her previous denial in February 2005 until March 23, 2012.

The Board has determined that the Veteran's bilateral hallux valgus had its onset during active duty service and granted service connection for this condition.

The Veteran's claim for an initial compensable rating for residuals of right second metatarsal osteotomy has been denied as his disability does not meet the criteria for a 10 percent rating under Diagnostic Code 5283.

The Veteran's eligibility for VA educational assistance under Chapter 1606 of Title 10 of the United States Code (Montgomery GI Bill for Selected Reserves) was denied after July 12, 2002. The overpayment of MGIB-SR education benefits in the amount of $4,332.10 was created due to the Veteran's continued receipt of benefits despite his termination from the Selected Reserve on that date. The appeal is denied as there is no legal merit or entitlement under the law.

The Board has found that the RO's withholding of retroactive benefits was proper, and thus denied the Veteran's appeal. The issue of entitlement to reissuance of checks the Veteran asserts were not received is remanded as it falls under an appealable VA action.

The Board has remanded the Veteran's claims for service connection for a brain tumor and cerebrovascular disability (stroke) as secondary to his service-connected schizophrenia, paranoid type. The claims are being remanded due to insufficient evidence of a nexus between the disabilities and service.

The Board denied the claim of entitlement to Dependency and Indemnity Compensation (DIC) benefits because the service member's discharge was under conditions other than honorable, which bars eligibility for VA compensation benefits.

The Veteran's service-connected hepatic steatosis is currently rated at 10 percent, and the Board finds that a higher evaluation is not warranted due to lack of evidence of daily fatigue, malaise, or anorexia requiring dietary restriction or continuous medication.

The Board has granted effective dates of September 1, 2005 for the grant of service connection for the cause of the Veteran's death and for basic eligibility for Chapter 35 DEA benefits. The decision is based on a request for a lump sum death payment from Social Security Administration (SSA) within one year of the Veteran’s death.

The Board has remanded the Veteran's claims for Bell's palsy and respiratory disorder due to insufficient medical opinions in the current record. The Veteran is not entitled to service connection for these conditions as there is no evidence of causation or aggravation by a service-connected condition.

The Veteran's initial and increased disability evaluations for right knee and lumbar spine degenerative joint disease are denied as there is no evidence of compensable limitation of motion or instability.

The Board denied the Veteran's claims for increased ratings for right leg muscle injury, limitation of flexion of the right thigh, and limitation of extension of the right thigh. The Veteran was rated 10 percent disabling for each condition based on painful motion.

The Board has decided that the character of the Appellant's service discharge barred him from receiving VA benefits. The AOJ needs to obtain a complete copy of the Appellant’s personnel record, including his service separation document.

The Veteran's claim for an effective date prior to November 27, 2015, for the grant of service connection for status-post squamous cell carcinoma with history of subglottic mass with tracheocutaneous fistula and left pectoral flap is denied as he did not meet all eligibility criteria for the liberalized benefit.

The Board found that the Veteran was not entitled to education benefits while still on active duty, resulting in an overpayment. The decision is denied as the debt is valid.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations, evidence collection, and consideration of his TDIU claim.

The Board has decided that the Veteran's right hip arthritis and resultant hip replacement may be related to his service-connected left knee disability, but needs further examination to determine if this is true.

The Board has remanded the case due to a need for further examination and medical opinion regarding the Veteran's claimed gastritis.

The Board found that the appellant was at fault in creating an overpayment of Dependents' Education Assistance (DEA) benefits, but granted a waiver due to financial hardship caused by the debt.

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse for the purpose of establishing entitlement to DIC benefits, finding that she was not married to the Veteran at the time of his death and thus could not be considered a 'surviving spouse' under VA regulations.