Other conditions decisions — 2018

The Veteran's ischemic cardiomyopathy is presumed to be related to herbicide exposure from service in Thailand. The respiratory disorder claim requires additional development regarding potential asbestos exposure.

The Veteran's attributable income from calendar years 2012 and 2013 met the threshold for VA healthcare without copayment, thus his health care category was changed to Category 5.

The Veteran's appeal regarding his educational assistance benefits is denied as there is no basis to award a rate greater than the 1/2-time monthly rate.

The Board denied service connection for a skin condition and tingling in the hands and feet, finding that there was no evidence to support these conditions were incurred or aggravated by military service.

The Veteran's appeal for higher ratings for his service-connected duodenal ulcer was denied. The Board found that the Veteran did not meet the schedular requirements for a total disability rating based on individual unemployability (TDIU) prior to January 17, 2014.

The Board of Veterans' Appeals has determined that the Appellant meets the criteria for recognition as the Veteran's surviving spouse, and therefore grants entitlement to VA death benefits.

The Board has determined that the overpayment of Chapter 33 housing allowance benefits is valid and against equity and good conscience, thus granting a waiver for the $3,763.04 overpayment.

The Veteran's daughter was granted an extension of her Post-9/11 GI Bill education benefits beyond August [redacted], 2015 due to circumstances that prevented her from attending school, including the need for childcare.

The Board found that the overpayment of educational assistance benefits under the Post 9/11 GI Bill was due to mitigating circumstances beyond the Veteran's control, thus invalidating the debt and granting the appeal.

The Veteran's prostatitis and interstitial cystitis have been rated at 40 percent since October 22, 2011. The Board found that the current rating adequately reflects his symptoms of urinary leakage requiring absorbent materials changed less than twice per day.

The Board has remanded the case due to insufficient evidence and a missed VA examination. The TDIU claim will be reconsidered with consideration of all new evidence.

The Board is remanding the case due to insufficient rationale in the May 2016 addendum opinion and a need for an updated VA addendum opinion from the same examiner or another appropriate clinician.

The Veteran's right thumb limitation is granted a separate 10 percent rating, effective May 23, 2008. A higher rating for his overall right hand disability is denied.

The appellant withdrew her claim of entitlement to a waiver of overpayment in the amount of $4829.00 before the Board could make a decision.

The Veteran's accrued benefits and nonservice-connected death pension claims were denied because the Appellant did not meet the income requirements for these benefits.

The Veteran's right hand arthritis and associated limitation of motion are rated at a 10% disability level for the entire period covered by this claim.

The Veteran's claim for compensation under 38 U.S.C. 1151 for vision loss due to surgery was denied, and the Board found that there was no additional disability resulting from VA treatment. The issues of eligibility for assistance in acquiring specially adapted housing and a special home adaptation grant are remanded as they are inextricably intertwined with the service connection issue.

The Board denied the Veteran's claim for service connection for soft tissue sarcoma due to Agent Orange exposure as there is no current diagnosis of the condition.

The Veteran's non-VA medical expenses incurred from June 21, 2015 to June 22, 2015 are reimbursed as the treatment was for a condition that would have been hazardous if delayed and no VA facility was feasibly available.

The Veteran's adult son, who was diagnosed with Crohn’s disease at age 15 and worked full-time until age 34, is denied a finding of permanent incapacity for self-support prior to the age of 18 due to his ability to support himself through 1999.