Other conditions decisions — 2018

The Veteran's appeals for increased ratings for his right calf contusion and associated nerve disability were denied. The Board found that the disabilities did not meet or approximate the criteria for a schedular rating in excess of 10 percent.

The Board has determined that the reduction of the disability rating for HIV from 100 percent to 60 percent, effective January 1, 2014, was proper based on evidence showing sustained improvement in the Veteran's ability to function under ordinary conditions.

The Board dismissed the Veteran's claims for service connection of gastrointestinal and sleep disabilities. The claim for an increased rating for headache syndrome (PTSD) was granted with a 50% disability rating effective July 9, 2016. The initial rating for PTSD with major depression and alcohol abuse was granted at 70%. TDIU and SMC were also granted.

The Board has decided that more information is needed about the Veteran's left leg disability, including its current nature, etiology, and severity. The case is being sent back for further examination.

The Veteran's chronic cholecystitis with gall bladder removal is currently rated at a 10 percent disability rating, but no higher. The Board found that the Veteran's symptoms from his condition more closely approximate the criteria for a 10 percent rating.

The Veteran's adult daughter is not eligible for the full amount of accrued benefits as she did not qualify as a child under VA regulations and has already been reimbursed for all burial expenses.

The Board found that the recoupment of readjustment pay from VA disability compensation benefits was proper as required by law, and denied the appeal.

The Board has remanded the case due to non-compliance with previous remand directives and an inadequate VA examination. The Veteran's left eye disorder is being reviewed for service connection.

The Veteran's overpayment of VA compensation benefits was waived due to the administrative error by VA, and the financial hardship caused by the unjust enrichment.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Baptist Medical Center on October 26, 2013 was denied because he did not file a timely claim.

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for fracture C4 vertebra with pain on motion and for TDIU due to inadequate examination findings. The case will be returned after further development.

The Veteran requested to withdraw all issues on appeal, including the claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. As a result, the Board has dismissed the appeal.

The Board has remanded the case due to incomplete documentation and a need for an SOC regarding educational assistance benefits. The appellant's other than honorable discharge from service is not considered as a bar to VA benefits.

The Veteran's death was not service-connected, and therefore the appellant is only entitled to $300.00 for nonservice-connected burial benefits. Since the Veteran was cremated, no plot or interment allowance can be awarded as he did not purchase a burial plot. The appellant has already been awarded $400.00 for a plot/interment allowance and thus cannot receive more.

The Board has decided that a remand is needed to obtain an addendum opinion regarding the service connection claim for Morton's neuroma secondary to service-connected tendonitis of the left foot.

The Board denied the Veteran's claims for service connection for soft tissue sarcoma, multiple myelitis, rectal polyps, and hiatal hernia as new and material evidence was not submitted to reopen these previously denied claims.

The appellant's spouse did not have qualifying service for VA death pension benefits, as determined by the United States service department. The appeal is denied.

The Board found that the appellant's character of discharge was under other than honorable conditions due to willful and persistent misconduct, including aggravated assault, insubordination, drunkenness, and verbal disrespect. As a result, his benefits are barred except for health care under Chapter 17.

The Board has remanded the Veteran's claims for service connection for left elbow and low back disabilities due to inadequate medical opinions. The issues are being returned for further development.

The appeal was dismissed due to the Veteran's death.