Other conditions decisions — 2018

The Board dismissed the claim of entitlement to service connection for emphysema due to a withdrawal by the appellant. The appeal regarding compensation under 38 U.S.C. § 1151 for additional disability (including death) caused by VA treatment is remanded.

The Board vacated the February 1, 2018 decision due to denial of due process. The Veteran's panic disorder with agoraphobia is now rated at 70% from February 16, 2017 and TDIU is granted for this period.

The Board has granted service connection for left leg thrombophlebitis and assigned a 60 percent evaluation effective from April 5, 2013. The Veteran's claim was reopened on April 1, 2011, and the effective date is set at April 1, 2011.

The Board has determined that the appellant was validly married to the Veteran and maintained continuous cohabitation within the meaning of the regulations, thus granting eligibility for VA death pension benefits.

The Veteran's service connection claims for gallbladder and lung disabilities have been denied as there is no evidence of a relationship between the conditions and his military service.

The Board has determined that the Veteran's current right eye maculopathy is related to an injury sustained during basic training in 1971, and grants service connection for this condition.

The Veteran's service-connected disability compensation was terminated due to income limits, but the evidence shows he did receive payments. The appeal is denied.

The Veteran's acquired psychiatric disability, including alcohol abuse disorder and a personality disorder, is not service-connected as there is no direct evidence linking these conditions to his active military service.

The Board has remanded the case to consider an extraschedular rating for service-connected nephrolithiasis since August 1994, as there are hospitalizations and surgical procedures that have not been considered in the current evaluation.

The Board denied the Veteran's claims for service connection for cold weather injury residuals of the left and right lower extremities, finding that there was no evidence of a current disability etiologically related to in-service exposure. The claim for a compensable rating for bilateral hearing loss is also denied.

The Board has granted service connection for the Veteran's colon cancer, finding that it is etiologically related to his in-service exposure to Agent Orange. The claim was resolved in favor of the appellant.

The Veteran withdrew her appeal for special monthly compensation (SMC) based on aid and attendance and the housebound criteria.

The Veteran's education benefits were paid to Park College for the Fall 1995 and Spring 1996 semesters. The Board denied additional Post-9/11 GI Bill benefits because the Veteran was already in receipt of other VA benefits, resulting in a total combined entitlement exceeding 48 months.

The Veteran's appeal for a total disability rating due to individual unemployability resulting from service-connected disability was dismissed because the appellant has died.

The Veteran's appeal for reimbursement of unauthorized medical expenses at LCGH is granted because he has partial coverage under Medicare, which allows for VA reimbursement.

The Board has remanded the Veteran's claims for service connection for dizziness and chronic ear pain, as well as his claim for compensation benefits under 38 U.S.C. § 1151 for metatarsalgia and degenerative arthritis of the left great toe. The TDIU claim is also being remanded.

The Board has determined that clarification is needed regarding the type of SSA benefits received by the appellant, and thus the matter is being remanded for further action.

The Veteran's service-connected bilateral cyclitis (pars planitis) with bilateral cataracts is rated at 40 percent, and the Board denied an extra-schedular rating as his disability picture is not exceptional or unusual.

The Veteran withdrew his appeal of service connection for pulmonary fibrosis, indicating satisfaction with the current disability ratings.

The Veteran's claim for an earlier effective date and a higher rating for nephrolithiasis was denied. The Board found that the earliest possible effective date is June 27, 2016, one year prior to when he filed his increased rating claim. A rating greater than 30 percent for nephrolithiasis was also denied as there was no evidence of renal dysfunction or other factors warranting a higher rating.